BRIJESHWAR SINGH Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Plaintiff Brijeshwar Singh has filed this revision petition under Article 227 of the Constitution of India.

(2.) Suit filed by plaintiff-petitioner against defendant-respondent was dismissed in default under Order 9 Rule 8 of the Code of Civil Procedure (in short CPC), vide order dated 14.03.2007 (Annexure P-5) passed by the trial court because none appeared for the plaintiff.

(3.) Plaintiff moved application on 02.11.2007 for restoration of the suit alleging that his counsel Mr. Suresh Sharma, Advocate had died on 18.04.2007 reportedly on account of Brain Tumour and prior to his death, he was under treatment for many months. Plaintiff was aware of ailment of the counsel, but did not know about his death. The counsel had assured the plaintiff that he would be informed as and when required. The plaintiff learnt on 25.10.2007 about dismissal of the suit in default on visiting the chamber of the counsel. Hence the restoration application.