GIRIJA NANDAN PRASAD Vs. MONAKO DEVI

JUDGEMENT

(1.) -This civil revision is directed against order dated 4.6.96 in Misc. Case No 6 of 1995 which the petitioner had filed for restoration oLTitle Suit No. 379 of 1994. By the impugned order the court below has refused to restore the suit and dismissed the miscellaneous case.

(2.) From the order sheet (Annexure-I) it appears that the petitioner was asked to deposit court fee of Rs 4504.50 P. and talbana on 7 3 95. The court granted five adjournments thereafter for compliance of the order. Since the petitioner did not ultimately pay the amount of court fee the court rejected the plaint in terms of Order 7 Rule 1 l{c) CPC. It is this order dated 23 6 95 the petitioner wanted to be recalled in the Misc. case

(3.) Counsel for the petitioner submitted that the court below has erred in disallowing the misc case as not maintainable, particularly when an order to the contrary had been passed by the predecessor court on 5 2.96. He submitted that the court was competent to recall the order and restore the suit under Section 151 of the Code.