SURAJ BHAN Vs. SAGAR ALIAS KHAPAT AND ANOTHER

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.09.2012 passed by learned Civil Judge (Jr. Divn.), Nuh whereby application filed by the petitioner-plaintiffs for restoration of suit has been dismissed.

(2.) Shorn of unnecessary details, the facts giving rise to the present petition are to the effect that the petitioner and proforma respondents no.7 to 10 filed suit for declaration. The suit was filed on 27.08.2004. On 20.08.2009, counsel for the plaintiffs could not appear before the trial Court due to his illness and consequently the suit was ordered to be dismissed for non-prosecution. In month of February, 2010, when the plaintiffs came to know about the dismissal of suit for non-prosecution, they moved application for restoration of suit which has been dismissed vide impugned order dated 11.09.2012. Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.