SARWAN SINGH Vs. BANTI

JUDGEMENT

(1.) The defendant petitioners have come up in revision against the order of the trial Court whereby an application of the plaintiffs for restoration of their pauper application has been allowed.

(2.) The plaintiffs filed a suit in forma pauperis for the recovery of Rs. 50,000/ as damages and compensation for the injuries caused by the defendants on their person. The suit was instituted on 22nd March, 1975. Along with this suit an application under Order 33 C.P.C. was also filed and it is unfortunate that the matter of pauperism is still pending for final adjudication. On 22nd September 1977, the application under Order 33 C.P.C. was dismissed in default, as none was present. The next day i. e. on 23rd September, 1977, an application for its restoration was filed on behalf of the plaintiffs which was contested by the defendants. On the pleadings of the parties, the trial Court framed the following issues:- 1) Whether there is sufficient cause for restoration of the pauper application dismissed for default of appearance? O. P. P. 2) Relief.

(3.) After going through the evidence, the trial Court came to the conclusion that the absence of the plaintiffs and their counsel from the Court on 22nd September, 1977, was not intentional and, therefore, there is sufficient cause for restoration of the pauper application. Consequently, the application was allowed. Feeling aggrieved against this order, the defendants have come up in revision to this Court.