AI Structured Summary
Not yet generated for this judgment
Judgment
J.V. Gupta, J.—This revision petition is directed against the order of the trial Court dated 12.9.1983 whereby the application for restoration of the suit, dismissed in default was declined.
The Plaintiff-Petitioner 61ed a suit for the recovery of Rs. 2,106/-. 21.8.1986 was the date fixed for summoning the Defendant who was not present. The trial court dismissed the suit in default with the following order:
Present:-None for the Plaintiff. - The case has been called several times but none has come present. It is 3.05 p. m. The suit of the Plaintiff is accordingly dismissed u/o Rule 3 CPC File be consigned to the record room.
The very next day, i.e. 22.8.1986 an application for restoration was filed. The said application was dismissed vide order dated 12.9.1986 on the ground that the Plaintiff had not come to the Court with clean hands.
After hearing, I find that it was a fit case which should have been restored by the trial Court. The question of approaching the Court with clean hands on the facts and circumstances of the case did not arise. The suit was at its initial stage. Even the Defendant was not served. The application for restoration was filed the next day, i.e. 22.8.1986. Thus, without going into the allegations made in the application for restoration, it should have been allowed. Consequently, this revision petition succeeds. The impugned order is set aside and the suit is restored to its original number. The Plaintiff-Petitioner has been directed to appear before the trial Court on the 5th day of March, 1987. The suit be now proceeded further in accordance with law.