BHAJAN SINGH Vs. BANT SINGH

JUDGEMENT

(1.) This revision petition has been filed by the plaintiffs against the order of the Subordinate Judge 1st Class, Zira, dated May 10, 1979, dismissing the application of the petitioners for restoration of the suit.

(2.) Briefly, the facts are that the suit of the plaintiffs was dismissed on February 19, 1979. They filed an application for restoration of the suit on the same day The application was dismissed by the learned Judge, on the ground that he had disposed of the suit under O. 17, Rule 3 of the Code of Civil Procedure (hereinafter referred to as the Code) and had not dismissed it on the ground of absence of the plaintiffs. The plaintiffs came up in revision against the said under to this Court.

(3.) The only question that arises for determination is as to whether the order dated February 19, 1979 is under Order 17, Rule 3 or under Order 9, Rule 8 of the Code. The order of the Subordinate Court reads as follows:--