QADIR DAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Challenge in this revision petition is to order dated 18-12-2008 passed by Additional District Judge (Bank Cases), Srinagar in case titled as Punjab National Bank v. Ghulam Qadir Dar and others, whereby application moved by plaintiff-Bank for revival of proceedings of the suit was granted and suit was revived (for short impugned order).

(2.) It appears that the suit title as Punjab National Bank v. Gh. Qadir Dar & others was consigned to records vide order dated 21-5-2000. Accordingly plaintiff made an application for its restoration/revival of proceedings, was allowed vide order dated 18-12-2008, impugned herein.

(3.) It appears that the suit was consigned to records on 11-11-1991 and the application moved for its revival was also consigned to records on 14-5-1994. During the pendency of said application, plaintiff-respondent herein moved an application under section 151 Code of Civil Procedure (for short C. P. C.) on 15-11-1994 for treating the said application for revival of the proceedings, came to be consigned to records and plaintiff-respondent herein moved an application on 4-6-2005 for revival of the suit and taking to its logical end on the ground that the same has not been dismissed but was simply consigned to records and is still on the dockets of the Court, was resisted by the defendants-petitioners herein on various grounds including the ground of delay.