ZAHIRUL ALAM Vs. MANINDRA NATH THAKUR

JUDGEMENT

(1.) In the application under section 115 of the Code of Civil Procedure, the defendant petitioner has challenged order No. 39 dt. 27.7.87 passed by the Assistant Judge, Kashiani, District Gopalganj in allowing an application under section 151 of the Code of Civil Procedure in title suit No. 134 of 84 and restoring the suit to its file and number.

(2.) It appears that the suit was fixed for hearing on 26.7.87 and the plaintiff filed an application for time and the same was rejected and the suit was dismissed for default. Thereafter, the plaintiff filed an application under Section 151 of the Code of Civil Procedure for setting aside the earlier order of dismissal and for restoration of the suit. The learned Assistant Judge allowed the application under section 151 of the Code and restored the case to its file and number.

(3.) Mr. M. L. Bhowmick, the learned Advocate appearing for the petitioner, submits that the learned Assistant Judge acted wrongly in allowing the application under section 151 of the Code when there is specific provision under Order 9, rule 9 of the Code of Civil Procedure for restoration of the suit.