BIDHI CHAND Vs. SUHNU RAM AND ANR.

JUDGEMENT

(1.) THE Petitioner has filed the present petition under Article 227 of the Constitution of India against the order passed by the learned Civil Judge (Senior Division), Court No. 1, Hamirpur, dated 7.8.2008, vide which he had dismissed the application under Order 9 Rule 4 read with Section 151 Code of Civil Procedure, filed by the Petitioner for restoration.

(2.) A notice of petition was issued to the Respondents, who did not put up appearance inspite of service.

(3.) A perusal of the record shows that the suit was filed by the Petitioner/Plaintiff and the issues in the case were framed on 8.2.2007. The first date given for evidence was 23.6.2007, on which date, the evidence was not produced by the Plaintiff, hereinafter referred to as the Petitioner. On next date i.e. 15.11.2007, no evidence was present and adjournment was given for evidence at self responsibility. On the next date i.e. 24.12.2007 also, no PW was present and adjournment was allowed subject to Rs. 300/ - as costs. On the next date fixed for evidence, that is, on 29.1.2008, the following order was passed by the learned trial Court: