RAM SHANKAR KUMAR Vs. GOPAL PRASAD SINGH

JUDGEMENT

(1.) THE opposite party filed an application under the provisions of the Indian Succession Act for grant of a probate which was dismissed for default. An application for restoration of the same was filed under Order 9, Rule 9 of the Code of Civil Procedure which was also dismissed for default. THEreafter an application under Order 47, Rule 1 and Section 151 of the Code of Civil Procedure was filed for restoration of the restoration application. THE Court below allowed the last mentioned application and the opposite party in the Court below has filed the present civil revision application.

(2.) IT is stated in paragraphs 8 and 10 of the civil revision application that the learned Subordinate Judge allowed the application under Order 47, Rule 1 and Section 151 of the Code of Civil Procedure without giving any notice to the petitioner. This fact has not been controverted before me. The learned Subordinate Judge clearly was in error in allowing the application without affording an opportunity to the petitioner in the matter. The application, therefore, is allowed and the order passed by the Court below is set aside. The matter is sent to the Court below for reconsideration on merits after hearing both sides. There will be no order as to costs.