BALBIR SINGH Vs. SARWAN KUMAR

JUDGEMENT

(1.) In this revision petition filed under Article 227 of the Constitution of India by plaintiff Balbir Singh, challenge is to order dated 24.7.2010 Annexure P/1 passed by the trial court thereby dismissing application Annexure P/4 filed by the plaintiff for restoration of the suit which stood dismissed for non-prosecution under Order 9 Rule 2 of the Code of Civil Procedure (in short, CPC) vide order dated 23.1.2008 Annexure P/3 due to non-furnishing of correct address of defendant-respondent for service of summons in the suit inspite of many opportunities. The plaintiff alleged in the restoration application that he had furnished correct address of the defendant who, however, avoided service being clever person. It was also pleaded that defendant was appearing in other cases pending between the parties.

(2.) The defendant by filing reply Annexure P/5 opposed the restoration application pleading that the plaintiff failed to furnish correct address of the defendant intentionally and the suit was rightly dismissed for non-prosecution.

(3.) The trial court vide order Annexure P/1 has dismissed the restoration application filed by the plaintiff who has, therefore, filed this revision petition to assail the said order.