MALI Vs. AKRAM GANAI AND ORS.

JUDGEMENT

(1.) The instant appeal is directed against the order passed by the Court of Second Additional District Judge, Srinagar dated 01.12.2012, where-under application for restoration has been dismissed.

(2.) On perusal of the records what emerges is that the trial court has not appreciated the matter correctly. In a confused state of affairs application seeking restoration has been dismissed.

(3.) Appellant had filed an application under Order XXXIII Rule 1 CPC for permission to institute the suit for declaration and possession in indigent capacity. Same has been granted by the trial court vide order dated 28.04.2008, as a result thereof, application has been directed to be treated and registered as plaint. On 27.05.2009 plaintiff had remained absent whereas counsel for the defendants 1 and 2 was present. The suit has been dismissed in default.