Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)--- -  O, IX, Rr. 8 & 9---Limitation Act (IX of 1908), S.S---Restoration of suit dismissed for non-prosecution---Applications for restoration of suit alongwith application for condonation of delay---Suit for possession, declaration, mesne profits, injunction and cancellation of decree which allegedly was obtained by defendant by misrepresentation of facts, having been dismissed for non-prosecution, plaintiff had sought restoration of suit by filing application alongwith application for condonation of delay in filing such application---Plaintiff had contended that at relevant date two suits having same number were fined for hearing before Trial Court and both were adjourned to different dates and that plaintiffs under wrong impression pursued case which was adjourned to later date and in the mean time he could not attend case which was adjourned for earlier date---Expression "sufficient cause" in R.9 of O.IX, C.P.C., was not capable of being confined to precise, identical and invariable definition nor any hard and fast rule could be propounded as to encompass all possible eventualities which could arise due to particular fact and circumstances of each case---Parameter of each case would primarily be its own facts, which would have to be taken into consideration for determining as to whether sufficient cause was shown or not---To make a mistake about date of hearing, was not a lapse of category, which could not rightly be excluded from scope of bona fide mistake as such mistake could occur by misapprehension of advocate and some time by unintentional wrong communication by clerk of Court---Mistake of plaintiff was bona fide and was established from record that on particular date two cases having same number were fixed---Possibility of noting down a wrong date could not be ruled out-- Courts below in circumstances should have exercised discretion in favour of plaintiff---Law favours adjudication on merits and that principle was to be followed unless there were practical difficulties which could not be surmounted---Suit was restored after condoning delay in filing application in that respect. [pp. 270, 271] A:&…