MAHENDRA DAYAL,J. - (1.) The petitioner has filed this writ petition under Article 227 of the Constitution of India for setting aside the judgment and order dated 31.1.2017, passed by the Additional District Judge, Court No. 7, Sultanpur in Civil Revision No. 58 of 2015 and the order dated 21.4.2015, passed by the Additional Civil Judge, Court 29, Sultanpur.
(2.) The facts giving rise to the present writ petition are that the petitioner and the opposite party No. 3 are real brothers. The petitioner filed a suit for partition, which was registered as Regular Suit No. 236 of 1999. The petitioner is a resident of Patna as he is in job over there. The date fixed in the case was 7.4.2005, when the petitioner could not appear and the suit was dismissed. The petitioner filed an application under Order 9 Rule 7 CPC on 8.4.2005 for restoration of the suit. Since the petitioner was at Patna, therefore he requested his counsel to attend the case and do the needful. The counsel for the petitioner did not appear as a result of which Misc. Case was also dismissed in default on 20.9.2008. The counsel engaged by the petitioner did not inform him about the dismissal of the case and when on 1.9.2010, the petitioner asked his counsel about the progress of the case, only then he told him that his case has been dismissed on 20.9.2008. The petitioner immediately came to his village and engaged another counsel who after inspection of record, filed an application under Order 9 Rule 4 CPC along-with an application under Section 5 of the Limitation Act. The learned court below dismissed the application by the order dated 21.4.2015 on the ground that no sufficient ground has been shown for the absence. The petitioner preferred Civil Revision No. 58 of 2015 before the District Judge, which was also dismissed on 31.1.2017.
(3.) I have heard learned counsel for the petitioner and perused the record. No one has appeared on behalf of opposite party No. 3, inspite of sufficient service of notice.;