RAGHO SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) The plaintiff opposite-party no.1 filed a Title Suit for declaration and a permanent injunction in respect of the properties mentioned in the Schedule to the plaint against the defendants in the Court of the learned Civil Judge, (Junior Division) 3rd Court at Diamond Harbour. The suit was subsequently transferred to the Kakdwip Court and subsequently the same was dismissed for default by order no. 75 dated April 26, 2006.

(2.) The plaintiff opposite-party no.1 took out an application under Order 9 Rule 9 of the Code of Civil Procedure read with Sec. 151 of the Code of Civil Procedure praying for restoration of the suit.

(3.) The case of the plaintiff-opposite party no.1 was that he had no knowledge about the transfer of the suit. As the learned advocate for the plaintiff at the Diamond Harbour Court declined to conduct the case at Kakdwip, he engaged a new lawyer by executing necessary documents. He was assured that he would be informed about the next date of hearing. From April 18, 2006 to June 30, 2006 he was suffering from Viral Hepatitis and on July 1, 2006 when he came to Court to enquire about his case, he came to learn that his suit had already been dismissed for default for not taking any step from his side. Therefore, he has taken out this application annexing thereto a medical certificate. The defendant who is the petitioner herein seriously contested this case alleging, inter alia, the fact that the plaintiff has never suffered from any disease at the relevant point time and he was only interested in delaying the matter. The medical certificate issued by the concerned doctor was a not a genuine one.