MANJIT KAUR Vs. DARSHAN SINGH

JUDGEMENT

(1.) Present petition preferred by the Plaintiff-Petitioner under Article 227 of the Constitution is directed against the impugned order dated 4.9.2010 passed by the Civil Judge (Jr. Division), Dasuya whereby an application filed by him for restoration of the suit has been dismissed.

(2.) Brief facts of the case are that the Plaintiff-Petitioner filed a civil suit No. 76 dated 16.7.1997 against Defendants-Respondents for possession of land measuring 40 kanal 19 Marlas situated in village Talwandi Dadian District Hoshiarpur as described in the head note of the plaint.

(3.) It transpires that during the pendency of the suit, none appeared for the Plaintiff on 5.11.2005 (P.1) and the suit was dismissed in default for want of prosecution by the learned trial Court. An application (P,2) on the same day i.e 5.11.2005 is purported to have been filed for restoration of the suit but the same has been dismissed by learned trial Court vide order dated 4,9.2010 (P.3).