TEJRAJ Vs. SANSMAL

JUDGEMENT

(1.) THIS is an application under sec. 115 of the Code of Civil Procedure against the order of the Civil Judge of Pali, and has arisen in the following circumstances:

(2.) THE applicant Tejraj brought a suit for a sum of Rs. 3,687/- in the court of the Civil Judge, Pali. That suit was dismissed for default on the 9th March, 1951. An application for restoration was made on the 28th March, 1951. Notice was issued on this application, but when it came up for hearing on the 25th April, 1951, it was again dismissed for default. THEreupon, a fresh application was made the same day for restoring the restoration application. This second application came up for hearing on the 12th May, 1951. On that day, the applicant and his counsel were again absent, and the second application was dismissed for default. THEn on the 14th May, 1951, a third restoration application was made on behalf of the applicant. This application came up for hearing on the 31st May, 1951, and was dismissed by the following order - "mr. Manakmal present. He says that he has not been able to find any ruling in support of his application. To me it appears that there is no law to support this application, which is, therefore, rejected. "