BALA NAND Vs. DEVKI NAND

JUDGEMENT

(1.) This application in revision by Bala Nand and Ram Nath is directed against an order of Shri Prem Lal Sharma Subordinate Judge Theog whereby the order dismissing the suit filed by the respondents against the petitioners and some others was set aside and the suit was restored to its original number.

(2.) The respondents had filed a suit against the petitioners and some others. The case was adjourned to 18-6-62 at the request of the plaintiff respondents in order to enable them to take steps and file process fee to get service effected on some of the defendants. On the aforesaid date the plaintiff respondents did not take the requisite steps and the learned Sub-Judge dismissed the suit under Order 17, Rule 3 of C. P. C. Thereafter an application purporting to be under Order 9, Rules 4 and 9) of the C. P. C. was filed on behalf of the plaintiff respondents praying for the setting aside of the order of dismissal. Notice of this application was not issued to the petitioners or the other defendants. The learned Court was of the opinion that the suit was wrongly dismissed under Order 17, Rule 3 of C. P. C. and the appropriate provision under which it could have been dismissed was Order 9, Rule 2 of C. P. C. It, accordingly accepted the petition and restored the suit to its original number.

(3.) On behalf of the petitioners the following contentions have been raised: