UNITED COMMERCIAL BANK Vs. SHRI JUGESHWAR NATH & ANOTHER

JUDGEMENT

(1.) This miscellaneous (First Appeal) and the Civil Revision - -both are directed against the order dated 25.5.83, passed in Misc. Case No. 51 of 1982, by the learned IInd Subordinate Judge, Patna, refusing to restore Money Suit No. 4 of 1981 which was dismissed for default on 27.7.82. The present miscellaneous appeal and the civil revisional application - -both are by the plaintiff.

(2.) The aforesaid Money Suit (4 of 1981) having been dismissed for default on 27.7.82, the plaintiff/appellant - - petitioner, on 7.8.82, filed an application under Order 9 Rule 9of the Code of Civil Procedure (hereinafter to be referred as the 'Code') read with Sec. 151of the Code.

(3.) The court below, on 25.5.83 dismissed the miscellaneous case and refused to restore the suit.