- (1.) HEARD Shri Ram Karan Agarwal, learned counsel for the petitioners and Shri Savitravardhan Singh, Advocate holding brief of Shri Shashi Prakash Singh, learned counsel for the respondent no. 1.
(2.) UNDER challenge in this writ petition is an order dated 08.09.2008 whereby the application moved by the plaintiff -respondent no. 1 under Order 9 Rule 9 C.P.C. was allowed and the suit was restored to its original number.
(3.) THE petitioners have also challenged the order dated 03.03.2009, passed by the learned District Judge, Lucknow whereby the revision petition preferred by the petitioners against the order dated 08.09.2008, passed by the learned Trial Court was also dismissed. Submission of learned counsel for the petitioners is that a Regular Suit No. 240 of 2003 for permanent injunction was filed. In the said case, the petitioners who? were defendants had appeared and accordingly on 26.02.2008, issues were framed and matter was fixed for 11.03.2008 for disposal of issue no. 5 relating to valuation and alleged deficiency of Court fee. On 11.03.2008 the plaintiff did not appear and accordingly, the next date in the matter was fixed for 14.03.2008 when on account of non appearance of respondent no. 1, the suit was dismissed for non -prosecution.;