SURINDER KAUR Vs. SAMEER BHATIA

JUDGEMENT

(1.) Plaintiffs have filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 18.09.2009 (Annexure P-6), passed by learned Civil Judge (Junior Division), Faridabad, thereby dismissing the application moved by the plaintiffs for restoration of the suit, which was dismissed in default. The petitioners have also impugned judgment dated 11.03.2010, passed by learned Additional District Judge, Fast Track Court, Faridabad, thereby dismissing appeal filed by the petitioners against order Annexure P-6 passed by the trial court.

(2.) Plaintiffs' suit was dismissed in default on 12.04.2006. The plaintiffs moved application Annexure P-2 for restoration of the suit on 04.08.2007 alleging that their counsel in the trial court had assured the plaintiffs that he would inform them as and when their presence would be required and they need not come to the Court on every date of hearing. It was also alleged that plaintiff No. 2, who is husband of plaintiff No. 1, shifted his factory from Faridabad to Kapurthala and later on, both the plaintiffs also shifted their residence to Kapurthala. The plaintiffs came to Faridabad on 29.07.2007 and contacted their counsel and inquired about their cases. They were told that the suit had been dismissed in default on 12.04.2006, when their counsel also did not appear in the trial court. The plaintiffs were thus ignorant of the dismissal of the suit till 29.07.2007 and on coming to know of it, they filed restoration application.

(3.) I have heard learned Counsel for the petitioners and perused the case file.