BUTA SINGH Vs. PURO

JUDGEMENT

(1.) The petitioner filed a suit for declaration which was dismissed in default of appearance on May 31, 1976. An application was filed for restoration of the suit on the next day, i.e. June 1, 1976 which was opposed by the respondents and dismissed by the learned Sub-Judge 1st Class, Ajnala, vide order dated September 16, 1977 with the finding that no sufficient cause has been made out to justify the absence on the said date. The decision of the trial Court was affirmed, on appeal, by the District Judge, Amritsar, on March 31, 1978. Aggrieved by that order, the plaintiff has come up in this revision petition.

(2.) Notice of this petition was issued to the respondents but they have not chosen to put in appearance in spite of service.

(3.) It has been observed time and again that restoration of a suit dismissed for default should not be denied simply because the plaintiffs fails to prove strictly sufficient cause for his non-appearance. Ordinarily, if the application is made within limitation, the suit ought to be restored and for the negligence on the part of the party, the other party can be compensated with costs. The Courts below in ignoring the judgments given by this Court, acted illegally and thus erroneously declined the application for restoration.