RAM SINGH Vs. RAMPARSAD

JUDGEMENT

(1.) DEFENDANTS Ram Singh etc. have filed this revision petition under Article 227 of the Constitution of India impugning order dated 16.11.2011 Annexure P-3 passed by learned Additional Civil Judge (Senior Division), Rewari, thereby allowing application of respondents/plaintiffs for restoration of the suit which had been dismissed in default.

(2.) PLAINTIFFS' suit was dismissed in default on 27.09.2008. In restoration application, they alleged that there were two suits i.e. present suit titled Ramparsad etc. versus Ram Singh etc. and another suit titled Ramparsad etc. verses Ram Chander etc. and both the suits were being fixed on the same dates of hearing. It was alleged that on 11.06.2008 issues were framed in the instant suit and the case was adjourned to 27.09.2008 for evidence of plaintiffs, but plaintiffs noted the date of hearing as 29.09.2009 in both the suits. Therefore, none appeared for the plaintiffs on 27.09.2008 and the suit was, therefore, dismissed in default on that date.

(3.) LEARNED trial Court vide impugned order Annexure P-3 has allowed the restoration application subject to payment of Rs.700/- as costs. Feeling aggrieved, defendants have filed this revision petition.