STATE BANK OF INDIA Vs. PREM PARKASH GUPTA

JUDGEMENT

(1.) The plaintiff-bank filed a suit for the recovery of Rs. 22,701.52 poise only against Prem Parkash Gupta defendant. The trial Court by order dated 25.7.1989 dismissed the suit as the plaintiff had failed to pay process fee on 4/5 dates of hearing and for that reason the defendant could not be served. The suit was thus, dismissed for non-compliance of order directing the plaintiff to pay process fee for service of the defendant.

(2.) The plaintiff filed an application before the trial Court for restoration of the suit. It was contended before the trial Court that process fee had been filed on various occasions except on two dates, viz. 15.3.1989 and 10.5.1989 and that fresh address of the defendant could not be filed as he had left without address and in the absence of address, the process fee was not filed by the clerk of the counsel.

(3.) The learned trial Court by order dated 11.10.1989 refused to restore the suit and dismissed the plaintiff's application. It is against this order that the present revision has been filed.