Raj.State Mines & Minerals Ltd vs Raj.Plaster Udhyog & Anr on 15 September, 2008

             S.B. CIVIL REVISION PETITION NO.100/2007
                 Raj. State Mines & Mineral Ltd. Sanchor
                                    Vs.
               Raj Plaster Udhyog, Haliwav, Sanchore & Anr.

Date of order               :        15th September, 2008
                           PRESENT
             HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Amit Mehta for Mr. M.R. Singhvi for the petitioner.
Mr. Mahesh Thanvi for the respondents.
                              ---------

1.             Heard learned counsels.

2.             This revision petition is directed against the order dated

18.1.2007 whereby the restoration application of the plaintiff under Order 9

Rule 4 C.P.C. was rejected by the learned trial court.

3.             The reasons assigned for non-appearance on 28.10.2003 is

that on account of the officer incharge of the plaintiff Mr. M.M. Vyas

remaining on leave due to Deepawali and thereafter death of his brother he

did not pursue the said suit through the Advocate and, therefore, the suit

came to be rejected in default of appearance. The learned trial court has

also found that earlier also the suit was rejected for want of appearance on

22.7.2000 which was restored on 24.5.2002 and, therefore, there was no

justification for restoring the suit again.

4.             Having heard learned counsels, this Court is of the opinion

that in the interest of justice and in view of the reasons given by the

plaintiff, the suit deserves to be restored subject to payment of cost of

Rs.1000/- by the plaintiff-petitioner to the defendant.

5.             Accordingly, this revision petition is allowed and the

impugned order dated 18.1.2007 is set aside and the suit is restored to the

learned trial court subject to payment of cost of Rs.1,000/-.

6.             Record be sent back.

                                              [ DR. VINEET KOTHARI ], J.

item No.30
babulal/-