HUKMI BAI Vs. RATTAN CHAND

JUDGEMENT

(1.) The plaintiff-petitioner filed the suit for possession which was dismissed for default of appearance on January 17, 1976, when it was fixed for her evidence. Application for its restoration was filed on February 9, 1976, which was contested on behalf of the defendants-respondents on the ground that there was no sufficient cause, the suit could not be restored. Dissatisfied with the same, the plaintiff has filed this revision petition in this Court.

(2.) Admittedly, the application for restoration of the suit was filed within time. That being so, the suit should have been restored without recording any evidence on payment of costs, if any. It was unnecessary to frame the issues and to record the evidence which unnecessarily consumed the public time. It is also unfortunate that this matter remained pending in this Court for such a long time. Thus, on the facts and circumstances of this case, this revision succeeds and is allowed. The impugned orders are set aside and the suit is restored to its original number on payment of costs of Rs. 200/-. The parties have been directed to appear before the trial Court on April 4, 1987. The records of the case be sent back forthwith.

(3.) It is, made clear that in order to expedite the hearing of the suit, both the parties will lead their evidence at their own responsibility. However, dasti summons may be given to them, if desired, as provided under Order 16 Rule 7-A, Code of Civil Procedure.