AVTAR SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) THIS first appeal by the plaintiffs has been filed against the order of the learned Sub -Judge 1st Class, Amloh, dated April 24, 1974, declining to restore the application dismissed for default.

(2.) THE plaintiffs filed an application under Order 33, Rule 1, of the Civil Procedure Code, for permission to sue in forma pauperis for the recovery of Rs. 60,000/ -. The respondents were yet being summoned when the same was dismissed for default on June 8, 1972. An application was moved on June 20, 1972 for restoration of the said application on the ground that the guardian of the minor plaintiffs could not appear on the date fixed as he had been taken suddenly ill. The application was opposed by the respondents and was dismissed for default.

(3.) THAT apart, the rules and procedure are the handmaids of justice meant to advance its cause and not to deny the parties decision on merits. Restoration of a case dismissed for default should not ordinarily be denied unless the party is found guilty of contumacious negligence of wilful default.