PARAMJIT SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties and have gone through the records of this case.

(2.) FACTS which are not in dispute are as under

(3.) PARTIES are further not at variance that no application was filed on behalf of the plaintiff in accordance with the provisions of Order 9 Rule 9 Civil Procedure Code, for setting aside the dismissal of suit and for restoration thereof. It was pointed out by Shri Singh, learned counsel appearing for the defendant that restoration could not be ordered unless notice of application was served upon his client by the trial court and thus, according to him, trial court has acted with material illegality while exercising jurisdiction in passing the impugned order, whereby suit of the plaintiff has been ordered to be restored.