ABDUL SHEHRAM QUIRAISHI Vs. SOGARA KHATOON AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 08.08.2014 in Misc. Case No. 1 of 2014, the present writ petition has been filed.

(2.) The petitioner is substituted plaintiff in Succession Case No. 1 of 1997. Initially, the suit was instituted in the Court at Palamau. Thereafter, pursuant to order passed in W.P.(C) No. 7498 of 2006 after creation of new Judgeship at Garhwa, the case was transferred to the Court of Garhwa. After the transfer, the petitioner's counsel made an application and he was shown the record of the case on 08.01.2014. The case was fixed for hearing on 26.02.2014 however, no one turned up on behalf of the plaintiff and accordingly, the suit was dismissed under Order IX Rule 3 C.P.C. The petitioner filed an application dated 24.03.2014 for restoration of the suit however, the said application has been dismissed vide order dated 08.08.2014. Aggrieved, the petitioner has approached this Court.

(3.) Mr. Anurag Kumar, the learned counsel for the petitioner submits that sufficient cause was shown by the petitioner for nonappearance on 26.02.2014 still, the trial court dismissed application dated 24.03.2014 under Order IX Rule 4 C.P.C. for restoration of the suit. Erroneously holding that the court does not see any compelling circumstance which prevented the applicant from appearing in the suit on 26.02.2014, the said application has been dismissed. It is further submitted that the pleadings in the Succession Case No. 1 of 1997 was completed and the parties had led their evidence. The case was fixed for final arguments and therefore, one opportunity should have been given to the plaintiff/applicant to prosecute Succession Case No. 1 of 1997.