BANK OF INDIA Vs. BHANWAR LAL

JUDGEMENT

(1.) THE appellant plaintiff has come up in this misc. appeal against the order dated 26. 2. 1997 passed by the District & Sessions Judge, Baran in Civil Case No. 36/96 Bank of India vs. Bhanwar Lal & Ors. , whereby the application filed by the Bank u/order 9 Rule 9 CPC for restoration of the suit had been dismissed.

(2.) THE Bank had filed a suit for recovery of the amount from the defendant respondent in the year 1992. On 4. 4. 1996, the case was fixed for plaintiff's evidence but because of strike of the advocates none of the advocate attended the court and hence, the case was dismissed in default. On 18. 4. 1996, the application under Order 9 Rule 9 CPC was filed for restoration of the suit, which application was opposed. Reply to the said application was filed on 26. 2. 1997 itself and the application for restoration was dismissed by the learned Sessions Judge on the same day.

(3.) IN my opinion there was sufficient reason brought out by the appellant for restoration of the case and in such circumstances, the application moved under Order 9 Rule 9 CPC ought to have been allowed.