JORAWAR SINGH Vs. PRAKASH CHANDRA

JUDGEMENT

(1.) THIS appeal has been filed under Order 43, Rule 1, Civil Procedure Code challenging the order dated 3-9-2003, passed by the Court of Additional Distt. Judge, Ujjain in Miscellaneous Civil Case No. 25/03 rejecting the appellant's application for restoration of MJC No. 43/02.

(2.) THE brief facts are that the appellant had filed a suit for declaration and injunction against the non-appellant No. 1 that suit was dismissed due to the nonappearance of the Counsel for the appellant on 8-4-2002. THE appellant filed MJC No. 43/02 under Order 9, Rule 9, Civil Procedure Code for setting aside the order of dismissal of suit in default but that MJC also came to be dismissed in default on 6-8-2002. Consequently, the appellant filed MCC No. 25/03 making a prayer that the order dated 6-8-2002 may be recalled and the MJC No. 43/02 filed by him may be restored to its original position and decided on its own merit.

(3.) A perusal of Article 122 indicates that this article is attracted in respect of the applications made for restoration of a suit, appeal, application for review or revision dismissed for default of appearance. In the present case, the appellant had applied for restoration of his application under Order 9, Rule 9 read with section 151, Civil Procedure Code. Such an application is not covered under Article 122 of the Limitation Act.