Law: Civil Procedure Code (V of 1908)

Section:  O. IX, r. 4

(a) Civil Procedure Code (V of 1908)  O. IX, r. 4Restoration of suitSuit dismissed in defaultFirst application of plaintiffs/petitioners for restoration of suit recorded in `Register Peshi' but trial Court without searching record after lapse of 3J years holding no such application having been madeTrial Court on another application by plaintiffs/petitioners instead of issu ing notices to petitioners postponing same to some date and then ille gally and arbitrarily dismissing same in defaultClear miscarriage of justice, held, occurred in disposal of both applications for restoration of suitSecond application being in continuation of first application, both applications, further held, well in time and illegal order made behind back of petitioners could not be allowed to get period of limi tation run outRestoration of suit ordered to its original number for disposal in accordance with law. Date of institution : 20th June, 1979.                                                                                                                            ORDER This revision petition is directed against order dated 20th May, 1979 made by the learned SubJudge, Kotli, on a second application moved by one of the plaintiffspetitioners to the effect that the previous applica tion for restoration of the suit dismissed in default was adjourned to 2nd October, 1975 thereby ordering restoration of the suit but neither the original file has been restored nor he was called on to appear before the Court to hear a proper order to be made by the Court. On this, the learn ed SubJudge, Mr. Mushtaq called for a report of the office which was to be made on 4th October, 1975. This date being a holiday, the report was then to be made on the 5th of October, 1975 but the Clerk of the Sub Judge did not submit any report with regard to the application for restoration of the suit…