MANORAMA DEVI ALIAS MANMOHINI DEVI Vs. PRATIBHA DEVI

JUDGEMENT

(1.) The plaintiff is the petitioner before this Court She is aggrieved by the order dated 23-7-1986 passed by the Munsif I, Gaya in Misc. Case No. 31/85 by which he has rejected the prayer of the petitioner for restoring T.S. No. 15/82 under the provisions of Order X, Rule 4 of the Code of Civil Procedure. As it transpires from the records, the suit was dismissed on 16-8-1985 on the ground that since 25-3-1985 the suit was pending for filing summons along with registered card and copy of the plaint, but only part compliance was made on the date on which the suit was dismissed for non-compliance. No steps were for taken prosecuting the case till the time the case was called out. In support of her application for restoration the petitioner examined two witnesses, who were karpardazs and have come out to assert only the reason for non-compliance on the date fixed No explanation has been given as to why steps for filing of summons, registered card and copy of the plaint was not taken in time. It is a matter of record as is borne out from the order sheet, that for similar laches on the part of the plaintiff, the case was dismissed earlier but the same was restored on 28-11-1984. From the order sheet of the Court below it appears that no reasonable or acceptable explanation has been made out by the plaintiff petitioner for restoration of the suit.

(2.) Under these facts and circumstances, I do not find any infirmity in the impugned order. If the petitioner wants to file another suit in respect of cause of action subject to limitation, she may file the same, if so advised in accordance with law.

(3.) This revision application is accordingly dismissed. There will be no order as to cost.