SHRI SANATAN DHARAM MAHABIR DAL (REGD.) BHATINDA Vs. M/S BHARAT MOTOR COMPANY BHATINDA

JUDGEMENT

(1.) THESE two revision petitions Nos. 73 and 74 of 1974 are directed against an indentical order dated 28th August 1973 dismissing the application of the Plaintiff Petitioner for restoration of the suit which was dismissed in default by order dated 30th April 1971. Since an identical question of law is involved, therefore, a common order is proposed for both the revision petitions

(2.) ON the date of the order of dismissal dated 30th April, 1971, none of the parties, or their counsel, was present and the Court passed the following order ; None is present. (sic) is 3.30p.m. The case has been called many times. It appears that the parties are not interested in he suit. The same is hereby dismissed for default. File be consinged to the record room Announced.

(3.) WHERE neither party appears when the suit is called on for heating, the Court may make an order that the suit be dismissed. Order Rule 4, Code of Civil Procedure Code, envisages that where a suit is dismissed either under Rule 2 or Rule 3, then two options are open to the Plaintiff can file a fresh suit if the limitation is available to him and (2) he may apples for setting aside the order of dismissal if he satisfies the court that there was sufficient causes for his non -appearance In the present application, it was mentioned that Shri Banarsi Dass Goyal, Secretary, Shri Sanatan Dharam Sabha. Bhatinda the Plaintiff -for some reason, was out of station on 30.4.1971 and his counsel being busy in some other Court could not appear in the Court in question Learned Counsel for the Petitioner cites Gourlal Mitra v. Sm Hara Sundari Paul : A.I.R. 1974 Cal 331, in support of his contention that where the causes shown in the application for restoration of the case was that party's counsel was busy in some other Court and that averment was not denied by the other side, then it would be a good case for restoration the case and recalling of the order dismissing the suit in default