CHHOTE LAL JAIN Vs. BAHADUR CHAND

JUDGEMENT

(1.) IN the present case, the suit filed by the plain tiff-petitioners was dismissed on 21. 10. 1995. On 21. 10. 1995 the following order was passed by the learned trial court while dismissing the suit:.

(2.) MR . Sheoran, the learned counsel appearing on behalf of the petitioners submits that the learned trial court has failed to apply the mind properly while passing the impugned order as the application filed by the petitioners-plaintiffs has wrongly been mentioned as an application under Order 21 Rule 93 CPC He further submits that since neither the plaintiff nor his counsel was present on 21. 10. 1995 when the suit of the plaintiff was dismissed, the learned trial court ought to have restored the suit of the plaintiff under Order 17 Rule 2 CPC.