- (1.) This is a plaintiff's revision petition against the decision of the learned Senior Subordinate Judge, Narnaul, confirming on appeal the order of the Subordinate Judge, 11 Class, Charkhi Dadri, dismissing his application for the restoration of the suit, which was dismissed in default.
(2.) Jai Bir, minor, through his mother Shrimati Vidhya Vati, brought a suit in May 1967 against Bal Kishan and others challenging the alienation made by his father Malkhan, defendant No. 5, by which he had sold some agricultural land to them.
(3.) Ibis suit was resisted by the vendees. Issues were framed on 21st August, 1967. Thereafter, the case was adjourned to 6th December, 1967 for the evidence of the plaintiff On that day, neither the plaintiff nor any of his witnesses was present. Accordingly, 5th March, 1968, was fixed for the production of the evidence by the plaintiff on his own responsibility. On that day as well, neither the plaintiff nor his witnesses were present and his counsel appeared and made a statement that he had no instructions from his client. Consequently, the suit was dismissed in default. On 21st March, 1968, an application for restoring the suit was made. It was stated therein, that both the plaintiff, a minor, as well as his next friend were ill on 5th March, 1968, and, therefore, could not attend the Court. This application was opposed by the defendants.;