UNITED COMMERCIAL BANK Vs. JUGESHWAR

JUDGEMENT

(1.) This Miscellaneous (First Appeal) and the Civil Revision both are directed against the order dated 25-5-1983, passed in Misc. Case No. 51 of 1982 by the learned lld Subordinate Judge, Patna, refusing to restore Money Suit No. 4 of 1981 which was dismissed for default on 27-7-1982.

(2.) The present miscellaneous appeal and the civil revisional application both are by the plaintiff.

(3.) The aforesaid Money Suit (4 of 1981) having been dismissed for default on 27-7-1982, the plaintiff/appellant-petitioner, on 7-8-1982, filed an application under Order IX Rule 9 of the Code of Civil Procedure (hereinafter to be referred as the 'Code') read with Section 151 of the Code. This was registered as Misc. Case No. 51 of 1982.