RAM CHANDER Vs. VIDHYA DEVI

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dtd. 19/7/2016 passed by the Addl. District Judge, Panchkula vide which appeal against the order dtd. 16/4/2015 passed by the Addl. Civil Judge (Sr. Divn.) Panchkula dismissing the application under Order 9 Rule 8 CPC was dismissed.

(2.) Perusal of the record would show that last opportunity was granted to the petitioner to conclude his evidence subject to payment of costs of Rs.1,000.00. On the adjourned date i.e. 17/2/2011, neither the plaintiff appeared in the Court, nor any evidence was led. The amount of costs was also not paid. Faced with this situation, the trial Court had no alternative, but to dismiss the suit in default.

(3.) The application for restoration of the suit came to be filed only on 11/4/2012 i.e. after a period of about one year and two months and no application under Sec. 5 of the Limitation Act was filed for condonation of delay.