BASHIR AHMAD SHOORU Vs. JAWAHAR LAL KOUL

JUDGEMENT

(1.) This revision is directed against the order dated 8.2.2011 passed by Principal District Judge, Srinagar in a motion made by respondent herein for revival of the proceedings in the suit, titled as Prem Nath Jalali v. Ghulam Mohammad & others (for short, impugned order), on the grounds taken in the memo of revision petition.

(2.) It appears that the said suit came to be consigned to records vide order dated 2.1.1992 on the ground of non-appearance of plaintiff. It is mentioned in the said order that all the Hindus have migrated from the Valley and that is why there was no representation on behalf of plaintiff and suit was consigned to records with liberty to the plaintiff to seek its revival whenever he approaches the court. Accordingly, the legal representatives of plaintiff, respondents herein laid a motion before the trial court for revival of proceedings which came to be allowed vide the impugned order.

(3.) Mr. Reshi, learned counsel for petitioners herein has argued that the order impugned is bad in law for the reason that the order of trial court consigning the suit to records is an order of dismissal in default and came to be passed strictly in terms of Order 17 Rule 2 of Code of Civil Procedure (for short, CPC). As the plaintiff did not move the restoration application within time, the trial court was not within its power to revive the proceedings.