ATIBIR INDUSTRIES CO. LTD. Vs. SHREE GANESH ROADLINES

JUDGEMENT

(1.) The revisional application arises out of an order dated December 08, 2023, passed by the learned Civil Judge (Senior Division), Haldia, in connection with Money Suit No.06 of 2022.

(2.) By the order impugned, the learned court exercised power under Sec. 151 of the Code of Civil Procedure by recalling the order dated March 29, 2023, and restoring the suit. The suit was dismissed for non- prosecution at the instance of the plaintiff/opposite party. The learned court held that the Money Suit had been filed for a money claim of Rs.68,68,746.61. On an assurance given by the defendants/petitioners that they would repay all the dues, the plaintiff withdrew the suit for non- prosecution.

(3.) The plaintiff was examined by the learned trial court before the order dismissing the suit for non-prosecution had been passed. Subsequently, on or about 19/4/2023, an application was filed under Sec. 151 of the Code of Civil Procedure, praying for recall of the order dated March 29, 2023 and for restoration of the suit. The ground taken was that a meeting was held between the parties on April 04, 2023, but the defendants denied to pay off the dues of the plaintiff. On the other hand, the defendants threatened the plaintiff.