- (1.) The predecessor in title of the first respondent instituted SCC suit no. 21 of 1974 for recovery of arrears of rent and for ejectment against the petitioners and the third respondent.
(2.) The suit was dismissed for want of prosecution on 24.2.2005. An application for recall of order dated 24.2.2005 under Order 9 Rule 9 CPC was filed by the plaintiff-respondents on 4.3.2005, which was registered as Misc. Case No.54/74 of 2005. The ground taken therein was that by inadvertence, counsel for the plaintiff-respondent noted the next date as 28.2.2005 instead of 24.2.2005, resulting in dismissal of the suit for want of prosecution.
(3.) The petitioners moved an application on 30.9.2014 for directing the counsel for the plaintiff to produce his case diary. The application was rejected by the trial court by an order dated 30.9.2014. Thereafter, by an order dated 9.10.2014, the trial court recalled the order dated 24.2.2005 and restored the suit to its original number.;