ORISSA STATE CIVIL SUPPLIES Vs. JANARDAN SAMAL

JUDGEMENT

(1.) THIS Letter Patent Appeal has been filed against the order dated 25 -2 -2000 passed by the learned Single Judge in Misc. Appeal No. 67 of 1994 confirming the order dated 3 -11 -1993 passed by the learned Subordinate Judge, Sundargarh in Misc. Case No. 45 of 1991.

(2.) HEARD the learned counsel for the parties.

(3.) MONEY Suit No. 3 of 1984 was filed by the appellant for realisation of Rs. 6,40,370/ -. The suit was filed on 3 -3 -1984 and was ready for hearing on 5 -2 -1990. The same was dismissed for default on 20 -9 -1991. It is further submitted that one more chance should given to restore the suit. Hence we feel it proper to set aside the order dated 3 -11 -1993 passed by the learned Subordinate Judge, Sundargarh as well as the order passed by the learned Single Judge in Misc. Appeal No. 67 of 1994 and restore the Money Suit. We would have dismissed this appeal also, but considering the persuasion of Mr. S. Misra and status of the appellant, this appeal allowed and appellant is directed to pay a cost of Rs. 6000/ - to Mr. S. N. Satpatby, learned counsel for the respondent which shall be paid by the Corporation within four weeks.