GH MOHD BHAT Vs. GH RASOOL

JUDGEMENT

(1.) HEARD learned counsel for the parties at length.

(2.) IN this revision petition, brief point projected for consideration is that in the suit pending in the court of Sub -Judge/Municipal Magistrate titled Ghulam Rasool Bhat and others versus Ghulam Mohammad Bhat, on 30 -11 -1991, the plaintiff is reported in person and through counsel absent. However, Legal Advisor for respondents/Municipality was present and the suit seems to have been dismissed in default. Application for restoration of the suit seems to have been moved on 18 -7 -1994. Notices seem to have been issued to the respondents, but despite service they have not appeared. On 6 -10 -1994, the court of Sub -Judge has ordered the restoration of the suit to its original number by allowing the application.

(3.) ORDER dated 6 -10 -1994 is impugned in this revision petition and it is stated in the order under challenge that the counsel for the respondents had no other objection except that of costs and on payment of costs of Rs.30/ - suit appears to have been restored to its original number. The order has been passed in exparte against the present petitioners who have preferred this revision petition.