GIRDHIRILAL JOGILAL RATHOR Vs. BRAJMOHAN BABULAL

JUDGEMENT

(1.) THIS order shall also govern the disposal of connected Civil revision No. 78/07. It arises out of the cross-suit filed by the applicant against the non-applicant herein.

(2.) THIS is plaintiff's revision against the order dated 1-12-2006 passed by iii Additional District Judge, Fast Track, Barwani in Miscellaneous Appeal No. 08/06. By the said order, the Miscellaneous Appeal preferred by the plaintiff against the rejection of his application under Order 9, Rule 9, Civil Procedure code was dismissed.

(3.) PLAINTIFF filed a money suit against the respondent. On 21-12-2004 (wrongly mentioned as 27-12-2004 in paragraph 2 of the impugned order), the suit was fixed for return of the Commissioner's report. Since the plaintiff and his counsel were not present when the suit was called out, it was dismissed by the trial Judge under Order 9, Rule 8 of the Civil Procedure Code. The applicant applied for recall of the said order and restoration of the suit on 8-1-2005. The application was opposed by the other side, therefore, after recording the evidence, learned trial Judge dismissed the application for restoration of the suit on the ground that no sufficient and good cause was made out. Against the said order of the trial Court, a miscellaneous appeal was preferred and that too was dismissed by the appellate Court, hence, this revision as is stated hereinabove.