SHER SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 18.1.1992 of the trial Court whereby it allowed an application for restoration of the suit subject to payment of Rs. 500/- as costs and restored the suit to its original number.

(2.) Plaintiff-respondents Pritam Singh and another filed a suit for declaration and permanent injunction somewhat in the year 1989. The suit was dismissed in default on 31.7.1990. Application for restoration of the suit was moved on 6.10.1990 on the allegations that the suit was listed for hearing on 31.7.1990 but the applicant and his counsel understood that the date fixed in the suit was 31.8.1990 and not 31.7.1990. The applicant came to know on 31.8.1990 that the suit had been dismissed in default on 31.7.1990. This application was opposed by the defendant-petitioner only. Stand taken was that the application had been filed beyond the period of limitation and, therefore, it was clearly barred by time.

(3.) Trial Court after framing issues and affording the parties an opportunity to lead evidence in support of their contentions in the application for restoration of the suit, granted the application by its order dated 18.11.1992. It is this order of the trial Court, which is under challenge in this revision petition.