Ram Mandar vs Mahdoo Lal Chowdhry

Ross, J.—This suit was dismissed under Order 9, Rule 3, The plaintiff applied under Order 9, Rule 4, to have the suit restored. The learned Munsif directed that; the pleaders should be informed; bud there is nothing in the order sheet to show that they were informed or that the petitioner had any notice of the application under order 9, Rule 4. The plaintiff is required to satisfy the Court that there was sufficient cause for his non appearance but, so far from doing that, the learned Munsif has found that there was negligence on his part but, acting u/s 151, he restored the suit. Now, when there is a specific rule in the code for the restoration of a suit, the learned Munsif was not entitled to have recourse to Section 151 and on his own finding, the order o� restoration should not have been made under the rule which directly applied to the case.

The application must, therefore, be allowed and the order of the learned Munsif restoring the suit set aside. The petitioner is entitled to the costs of this application. Hearing-fee: one gold mohur.