DILBAG SINGH AND OTHERS Vs. PUNJAB SINGH

JUDGEMENT

(1.) (Oral) - The present revision petition has been filed for setting aside the Order dated 17.08.2010 passed by Civil Judge (Junior Division), Dasuya, vide which, the suit was dismissed in default and the application filed for restoration was also dismissed.

(2.) Learned counsel for the petitioners submits that the written statement was filed by the respondent/defendant and the petitioners filed the replication dated 16.01.2007 to the said written statement and the suit was fixed for plaintiff's evidence. However, learned counsel for the petitioner/plaintiff could not attend the Court on the date of hearing and the case was dismissed in default. The application for restoration of the said case was also dismissed only on the ground of typical error which occurred in the application. Learned counsel also submits that due to typical mistake, the date was mentioned as 07.11.2009, whereas, it was to be mentioned as 17.11.2009. The trial Court by taking a wrong inference and bona fide mistake, dismissed the application of the petitioners.

(3.) I have heard the arguments of learned counsel for the petitioners and have also perused the impugned Order as well as other documents on the file.