Law:

Section:

—-O.IX R.3 read with O.XVII R.2--Civil suit-Dismissal for non-prosecution of--Restoration of suit on Defendants application-Challenge to~Whether suit could be restored on application of Defendants—Question of—Rules of procedure laid down under Code, do not empower defendants to seek restoration of suit for its disposal on merits-Under Rule 4 of Order IX, a plaintiff can apply for restoration of suit—Held: Point raised in petition that defendants cannot seek restoration of suit, is sustained-Petition accepted. ORDER The petition is addressed against the order of learned Sub Judge, Kotli, passed on October 21, 1991, whereby the order of dismissal of suit for want of prosecution, passed on February 12,1991, was set aside. 2. Fazal Ahmed and another brought a suit for declaration and possession of the suit property, by setting aside the gift deed executed on November 8,1967, sale deeds executed on January 18, 1977, February 12, 1976, November 9, 1978 and December 3,: 1981. The defendant respondents were directed to lead their evidence in support of their respective claim. As no evidence was led on their behalf despite availing 7 opportunities, the suit was dismissed oh January 29,1985. This order was challenged in appeal before the learned District Judge where the appeal was accepted and the order of Sub Judge was aside, on January 30,1990. The order of learned District Judge was challenged in second appeal before this Court. The impugned order was reversed and the case was remanded to the learned Sub Judge for its disposal. The parties were directed to appear before the trial Court on December 10,1990. 3. It was observed that as some of the issues were to be proved by the defendant-respondents, as such they may also be allowed opportunity to lead their evidence if they so desired and then the case should be disposed of under law, without providing further opportunity of evidence to the plaintiffs. The file was received back in the trial Court on December 12,1990. Parties were summoned to appear on January 12,1991. The learned Counsel for the parties appeared on that day and the case was adjourned to January 20, 1991. Again, it was adjourned to February 5,1991.…

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