MAGHAR SINGH Vs. BACHAN SINGH ALIAS PANCH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated 12.9.1983 whereby the application for restoration of the suit, dismissed in default was declined.

(2.) The Plaintiff -Petitioner filed a suit for the recovery of Rs. 2,106/ -. 21.8.1986 was the date fixed for summoning the Defendant who was not present. The trial court dismissed the suit in default with the following order:

(3.) After hearing, I find that it was a fit case which should have been restored by the trial Court. The question of approaching the Court with clean hands on the facts and circumstances of the case did not arise. The suit was at its initial stage. Even the Defendant was not served. The application for restoration was filed the next day, i.e. 22.8.1986. Thus, without going into the allegations made in the application for restoration, it should have been allowed. Consequently, this revision petition succeeds. The impugned order is set aside and the suit is restored to its original number. The Plaintiff -Petitioner has been directed to appear before the trial Court on the 5th day of March, 1987. The suit be now proceeded further in accordance with law.