- (1.) Heard counsel for the Petitioner and perused the record.
(2.) Suit No. 5 of 2007 filed against Petitioner M/s. Nawab Motors for eviction from the property, was dismissed in default by the court below on 23.9.2008 as neither the Plaintiff nor the Defendant opposite party appeared on that day.
(3.) A recall/restoration application was filed in the aforesaid suit by the Plaintiff under Order IX, Rule 4 read with Section 151, Code of Civil Procedure and Section 5 of the Limitation Act, supported with affidavit on 10.3.2010.;