KARAM SINGH Vs. PUNJAB STATE AND OTHERS

JUDGEMENT

(1.) THIS application under section 115, Code of Civil Procedure Code, has been filed against the order of the learned Sub -Judge 1st Class, Amritsar, dated May 30, 1974. whereby an application filed under order 9 Rule 4 of the Code of Civil Procedure for restoration of the suit was dismissed.

(2.) THE suit of the Plaintiff was dismissed on March 31st, 1973 in default of appearance and the application for its restoration was made on April 25, 1973. It was obviously within the prescribed time. The reason stated in the application for non -appearance of the Plaintiff was that he had been admitted in the hospital on March 23, 1973 as an indoor patient and was discharged on April 27, 1973. Apparently, it was a sufficient cause for the non -appearance of the Plaintiff on the date when the suit was dismissed in default The learned Sub Judge, however, declined to accept the application on the ground that it(sic) had been made after considerable delay, which was wholly an irrelevant consideration. Under the provisions of Order 9, R. 4 of the Code of Civil Procedure, the Plaintiff is required to satisfy the Court that there was sufficient cause for his non -appearance on the date of default and there is no further requirement for him to show as to why the application was not made immediately after the said date so long as it had been made within the prescribed period. The trial Court, therefore, acted illegally in the exercise of its jurisdiction in rejecting the application of the Plaintiff on wholly irrelevant consideration. Moreover, the rules of procedure are meant to advance the cause for justice and not to thwart it. The application for restoration of a suit, therefore, should normally be allowed unless it is shown that the non appearance, was willful (sic) or intentional. Consequently, this revision petition is allowed and the suit is ordered to be restored, but without any order as to costs.