BANITA SAMAL Vs. BIKALANANDA SWAIN & OTHERS

JUDGEMENT

(1.) This matter arises out of an order dated 30.6.2017 rejecting an application of the plaintiff-petitioner to restore the suit.

(2.) On perusal of the order-sheets, this Court finds, the suit was posted to 12.4.2017, on which date the trial court passed the following :-

(3.) Under the circumstance, this Court finds, the impugned order is as a result of miss-application of provision of Order 9 of C.P.C. As a consequence, this Court interfering with the impugned order, sets aside the same thereby allowing the application under Section 151 of C.P.C. and restoring the suit to the position of 12.4.2017.