JAI DEVI PANDEY Vs. RAMGOPAL SAINI

JUDGEMENT

(1.) THE present appeal has been filed by the appellant -plaintiff under Order XLI Rule 1(c) of CPC challenging the order dated14.2.12 passed by the Addl. District Judge (FT) No.5, Jaipur City, Jaipur (hereinafter referred to as 'the court below') in Civil Misc. Case No. 72/10, whereby the court below has rejected the application filed by the advocate appearing for the appellant seeking restoration of the suit, which was dismissed for default by the court on 20.11.10.

(2.) HEARD the learned counsel Mr. Manish Sharma for the appellant and Mr. Ramgopal Saini respondent No.1 appearing party in person. The respondent No.1 submits that though he had engaged the learned counsel Mr. Rajesh Sharma for him, he himself wants to argue the appeal.

(3.) IT has been sought to be submitted by the learned counsel Mr. Manish Sharma for the appellant that in view of the Explanation contained in sub -rule 2 of Rule 4 of Order III of CPC, the proceedings of the suit should be deemed to be continued for the purpose of restoration under Order IX Rule 9.