SYED TASSAWUR JALLALI Vs. ZAMROODA

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the judgment and order dated 26th June, 2013, passed by the learned 2nd Additional Munsiff, Srinagar, whereby he has allowed the application for condonation of delay and restored the suit to its original number, which suit had been dismissed in default on 15th June, 2011. The learned counsel for the petitioners urged that the restoration has been ordered without there being any formal notice to the non-applicants-petitioners which was a prerequisite before restoration of the suit. He urged that the court below had restored the suit only on the basis of the orders passed in the condonation of delay application without any formal notice in the main application for restoration. Additionally, he urged that the court below had not appreciated that the restoration could be ordered only if the court was satisfied that there was sufficient cause for non-appearance of the plaintiffs and that it could not be ordered mechanically.

(2.) Revision petition has been opposed by the counsel for the respondents.

(3.) Heard counsel for the parties and perused the records. From a perusal of the records it appears that the suit was dismissed in default on 15th June, 2011. Knowledge about the dismissal of the suit is attributed on 12th November, 2011, where-after the application was filed for obtaining certified copy of the dismissal order which was furnished on 14th November, 2011.