SAVITRI DEVI Vs. INDU BHUSHAN SARAN

JUDGEMENT

(1.) This application is directed against a judgment dated 13.9.1985 passed by Shree A.G. Dutta, 4th Additional District Judge, Patna in Miscellaneous Appeal No. 196 of 1978, whereby and whereunder, the said learned court reversed an order dated 5.8.1978 passed by Shree D. Kishku, 4th Additional Subordinate Judge, Patna, in Miscellaneous case No. 3 of 1975 and thus allowed an application filed by the opposite -parties under Order IX, Rule 9 of the Code of Civil Procedure.

(2.) The facts of this case are not much in dispute. The suit filed by the opposite parties against the petitioners was dismissed for default on 6.2.1975. An application for restoration was filed on behalf of the plaintiffs on 6.3.1975. A copy of the said application has been marked as Exhibit A. upon the said application, Miscellaneous Case No. 2 or 1975 was registered.

(3.) On 7.3.1975 another application was filed for restoration of the said suit purported to be under Order IX, Rule 3 of the Code of Civil Procedure which was, however, in effect and substance an application under Order IX Rule 9 thereof. In the said application, it was contended that the suit was' allowed to be dismissed for default at the instance of plaintiff No. 4 who was enimically disposed of towards the plaintiff No. 1.