NARAYAN CHANDRA DAS Vs. PARIKHITA MOHAPATRA

JUDGEMENT

(1.) PLAINTIFF is the Petitioner against an order of refusal to restore the suit dismissed for default.

(2.) THE trial Court did not believe the illness of the Plaintiff on 14 -3 -1983 which was pleaded to be the cause for not taking steps on that date. It further held that Order 9, Rule 4, Code of Civil Procedure is not attracted as the dismissal of the suit is under Order 9, Rule 5, Code of Civil Procedure.

(3.) POINT (a): Fer dismissal of a suit under Order 9, Rule 5, Code of Civil Procedure the following conditions are to be satisfied: