- (1.) HEARD both the parties.
(2.) THE petitioner, in this civil revision, has prayed for setting aside the order dated 6.4.2005 passed by learned Sub -Judge 1, Ranchi in Misc. Case No. 11 of 2005 whereby learned Court below has refused to restore Title Suit No. 260 of 2004 which was dismissed for not paying Court Fee. It has been stated that the petitioner had filed Title Suit No. 260 of 2004 and had to pay Court Fee and meet the other defects. It has been stated that in the meanwhile the wife of the petitioner's counsel fell seriously ill and for her treatment had to go to C.M.C., Vellore. In order to attend her the petitioner's counsel had also to go to Vellore. When he came back he was informed that plaintiff's suit was dismissed by order dated 27.5.2005 due to non -payment of Court Fee. The plaintiff, thereafter filed Misc. Case No. 11 of 2005 in the Court of learned Sub -Judge, Ranchi praying for restoration of Title Suit No. 260 of 2004. It was specifically stated in the said petition that the Court Fee could not be deposited within time as learned counsel engaged by the plaintiff had gone to Vellore for treatment of his wife and there was no deliberate laches or intentional delay in depositing the Court Fee. Learned Sub -Judge, without considering the said reasons, had dismissed the said petition mechanically by the impugned order.
(3.) MR . Amar Kumar Sinha, learned counsel appearing on behalf of the petitioner, submitted that the petitioner had engaged his counsel and was depending on him and learned counsel had to go to Vellore for treatment of his wife and the said circumstance was beyond human control. Learned Court below should not have taken pedantic approach and should not have dismissed the miscellaneous case. Learned counsel submitted that the Court below had not exercised its jurisdiction properly and legally and has acted against the demand of justice.;