SONU MANN Vs. FATEHJANG SINGH CHAHAL AND OTHERS

JUDGEMENT

(1.) Petitioner is aggrieved of the orders dated 07.05.2019 and 19.11.2014 passed by the Civil Judge (Senior Division) Jagraon.

(2.) Vide order dated 19.11.2014 passed by the Civil Judge (Junior Division) Jagraon, the suit was dismissed in default under Order 9 Rule 8 CPC for non-appearance of the plaintiff as well as her counsel. Vide order dated 07.05.2019 passed by the Additional Civil Judge (Sr. Divn.) Jagraon, the application under Order 9 Rule 9 CPC for restoration of the civil suit was also dismissed. Both the said orders have been assailed in the present revision petition.

(3.) Perusal of the record would show that Civil Suit No.505 dated 20.09.2008 was filed by the plaintiffs for declaration to the effect that they are owners to the extent of 1/3rd composite share i.e. 1/6th share each of the suit property as mentioned in the plaint. The suit was registered on transfer on 29.05.2014 and the same was adjourned for 19.07.2014. On 19.07.2014, amended title to the suit was filed and the case was adjourned to 20.08.2014 for evidence of the plaintiffs at their own responsibilities. On 20.08.2014, the case was further adjourned to 05.09.2014 for the purpose already fixed because the Presiding Officer was on leave. On 05.09.2014, there was no evidence available on behalf of the plaintiffs and the case was further adjourned to 09.10.2014 for evidence of the plaintiffs at their own responsibilities.