SHANKARLAL Vs. NATHULAL

JUDGEMENT

(1.) THIS is a revision by the plaintiff -applicant against the judgment and decree dated 5 -11 -1976, dismissing his suit.

(2.) FACTS essential for decision of this revision are as under:

(3.) IN this revision, Mr. K. P. Gupta, learned counsel for the applicant, contended that the dismissal of the suit under Order 9 rule 5 CPC, on the ground of earlier defaults in payment of P. F., after appearance of the defendant, is wholly illegal and unjust, as Order 9 rule 5 CPC does not apply to such a situation.