NANAK CHAND Vs. PARAS RAM

JUDGEMENT

(1.) THIS revision petition, by a defendant, arises out of an order passed by the Subordinate Judge of Theog on 7.5.1956, purporting to restore an application under Order 9, Rule 9 (which had been dismissed in default on 14.1.1955) in the exercise of his inherent powers under Section 151, Civil P. C.

(2.) THE following dates are material in this case. The suit, giving rise to the present revision petition, was instituted on 1.10.1954. It was dismissed in default of the plaintiff on 3.11.1954. An application under Order 9, Rule 9, was filed by the plaintiff on 13.11.1954, seeking the restoration of the suit. This application was also dismissed in default of the plaintiff on 14.1.1955. On 26.3.1955, an application, purporting to be under Section 151, Civil P. C., was put in by the plaintiff, wherein the inherent powers of the Court were invoked to restore the application under Order 9, Rule 9.

(3.) THE learned Subordinate Judge, Theog, held that the application under Section 151 was competent and the period of limitation for such an application would be governed by Article 181, Limitation Act, which provides for three years limitation. On merits, he found in favour of the plaintiff and, accordingly, he restored the application under Order 9, Rule 9.