JEETWAHAN SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) Challenge in this appeal is to the order dated 20.1.2014 passed by the 6th Additional District Judge, Durg in MJC No. 29/2013 dismissing the application filed by the plaintiff/appellant herein under Order 9, Rule 9CPC for restoration of Civil Suit No. 61-B/2011 dismissed in default vide order dated 10.1.2013.

(3.) Brief facts of the case are that on 22.5.2009 the plaintiff/appellant herein has filed a suit against the defendant/respondent herein for recovery of Rs. 2,70,000.00. Written statement on behalf of the defendant/respondent was filed on 22.7.2011. On 10.1.2013 the matter was fixed for hearing on the application for notice to produce documents, however, on that date neither the plaintiff/appellant nor her counsel appeared before the Court and therefore the suit has been dismissed for want of prosecution vide order dated 10.1.2013 (Annexure P-3). The plaintiff/appellant filed an application under Order 9, Rule 9 Civil Procedure Code for setting aside the order dated 10.1.2013 and restoration of civil suit to its original number. The trial Court vide order impugned dismissed the said application on the ground that sufficient cause has not been shown by the plaintiff for her absence. It is this order which has been assailed by the plaintiff/appellant in this appeal.