SUBRAMANIA KANDAR Vs. RAMASWAMI KANDAR

JUDGEMENT

(1.) THE learned Sessions Judge is perfectly right in holding that a revision dismissed for default of appearance cannot be restored to file. THEre is no provision in the Code of Criminal Procedure analogous to Order 9, Rule 9 of the Civil P. C. or its equivalent in Order 41, Rule 19, Civil Procedure Code.

(2.) AS the complaint was dismissed by the Court of First Instance only under Section 203 of the Criminal P. C., it does not prevent the complainant from filing a fresh complaint, if there are sufficient facts justifying such a course. The order of the learned Sessions Judge is correct. The revision petitions are dismissed.