SUKHDEV SINGH Vs. JARNAIL KAUR

JUDGEMENT

(1.) Instant revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 28.08.2006 passed by the learned Additional Civil Judge (Sr. Divn.), Muktsar whereby suit filed by the petitioner-plaintiff has been dismissed in default and the order dated 4.5.2012 passed by the learned Civil Judge (Sr. Divn.), Muktsar whereby application for restoration of suit moved by the petitioner has also been dismissed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-plaintiff filed suit for declaration to the effect that he is owner in possession of the land mentioned in the headnote of the plaint. During proceedings of the suit, the case was fixed for effecting compromise between the parties and adjourned to 27.08.2006. On 27.08.2006, the case could not be taken up as it was Sunday, however, taken up on 28.8.2006 i.e. the next working day and the suit was dismissed in default. The petitioner moved application for restoration of the suit which was dismissed vide impugned order dated 4.5.2012.

(3.) I have considered the contentions of learned counsel for the petitioner and perused the record.