SARWAN RAM, ETC Vs. TEHAL SINGH, ETC

JUDGEMENT

(1.) This is a defendant's revision petition against the order of the trial Judge restoring the plaintiff's suit, which had earlier been dismissed in default.

(2.) Tehal Singh, minor, had brought a suit for pre-emption through his next friend Shirmati Kapur Kaur, his mother, against Sarwan Singh and others. This suit was dismissed in default on 22nd July, 1969, for the non-appearance of the plaintiff, presumably under the provisions of Order 9, rule 8, Civil Procedure Code.

(3.) An application for the restoration of the suit was brought by the plaintiff and it was alleged therein that he was a minor and represented by his mother, who was his next friend. She could not reach the Court on the relevant date due to heavy rains and also owing to the fact that she had left her village and gone to another one. It was further alleged that the counsel for the plaintiff also could not appear in Court, because he was busy in some other case, with the result that the case was dismissed in default.