DINESH CHANDRA NATH AND ORS. Vs. SURENDRA CHANDRA NATH

JUDGEMENT

(1.) THIS revision petition has been filed against an order passed by the learned Assistant District Judge, Silchar setting aside the order of the learned Munsiff restoring a suit dismissed for default.

(2.) THE Plaintiffs -Petitioners filed 12/65 Title Suit No. in the Court of the 266/65 Sadar Munsiff of Silchar against Defendant -Opposite party for declaration of a document as fraudulent and collusive. The suit was dismissed for default on 7 -10 -66. An application under Order 9, Rule 9 of the Code of Civil Procedure Code, was filed on behalf of the Plaintiff -Petitioners. The case was numbered as Misc. Case 250/66 and it was allowed conditionally and the operative portion of the order of the learned Munsiff, dated 14 -12 -67 is as follows:

(3.) THE learned Assistant District Judge has found that when the Petitioners defaulted in payment of the cost, the application for revival stood dismissed and there fore the Court had no jurisdiction to extend time under Section 148 Code of Civil Procedure and also to entertain the petition under Order 47, Rule 1 of the Code of Civil Procedure.