ANTANYAMI NAYAK Vs. KULAMANI BEHERA

JUDGEMENT

(1.) MONEY Suit No. 243 of 1969 in the Court of the learned Munsif, Puri, was filed on 29-7-1969 seeking to recover a sum of Rs. 710/- on the basis of a promissory note. On 2-8-1969, upon examination of the plaint it was found to be in order. The learned Munsif directed the plaintiff to file the requisites for summons to the defendants by 14-8-1969. On 14-8-1969, no steps were taken by the plaintiff when the case was called. The plaint was accordingly dismissed. An application for restoration of the suit under Order 9, Rule 4, Civil Procedure Code was filed on 10-9-1969 and was registered as Misc. Case No. 215 of 1969. After several adjournments, on 10-11-1969, the learned Munsif took up that miscellaneous proceeding for disposal. He came to hold

(2.) THE view taken by the learned Munsif seems to be not justified. Rules 1, 2 and 3 of Order 9, Civil Procedure Code provide,