MD.RUSTAM ALI Vs. SHEIKH IDRIS

JUDGEMENT

(1.) HEARD both the parties.

(2.) THE petitioner, in this civil revision, has prayed for setting aside the order dated 6.4.2005 passed by learned Sub -Judge 1, Ranchi in Misc. Case No. 11 of 2005 whereby learned Court below has refused to restore Title Suit No. 260 of 2004 which was dismissed for not paying Court Fee.

(3.) MR . Amar Kumar Sinha, learned counsel appearing on behalf of the petitioner, submitted that the petitioner had engaged his counsel and was depending on him and learned counsel had to go to Vellore for treatment of his wife and the said circumstance was beyond human control. Learned Court below should not have taken pedantic approach and should not have dismissed the miscellaneous case. Learned counsel submitted that the Court below had not exercised its jurisdiction properly and legally and has acted against the demand of justice.