Restoration Of Suit Property
1. Parties along
with Learned Counsel present.
2. Through this
order an application for restoration of suit is going to dispose of.
3. Reply to the
instant application has already been submitted.
4. Arguments heard
and record carefully perused.
5. During the course
of arguments, learned counsel for plaintiff/petitioner Mr. name Advocate submitted that case was dismissed in
default on 13.01.2022. He stated that the plaintiff cannot appear before the
Court due to illness while the Counsel was busy before other Court. He further
submitted that the absence of plaintiff was not intentionally. Thus, prayed for
restoration of the original case.
6. Conversely, learned
Counsel for the defendant, Mr. name Advocate, argued that the
application is wrong, against law and fact. He further argued that the absence
of plaintiff/petitioner was intentionally; having no interest just filed the
instant application to prolong the case. Hence he prayed for dismissal of the
instant application for restoration of the suit.
7. From the perusal
of record it shows that suit was dismissed on date, while instant application
is filed on date which is well within time. Nothing is annexed with the
petition that to support stance of the petitioner. However, perusal of file
shows that the valuable rights of the plaintiff is involved in the case and natural
justice requires that cases must be decided on merit rather than on the basis
of technicalities. It is the principle of law that no parties should be
condemned unheard. Therefore. In the interest of justice the application in
hand is accepted with cost of Rs.500/-. The suit be restored and be registered
on its old number as /Neem.
8. Moharrir of the
court is directed to delete the entry of
Misc; application No---------
from the relevant register.
9. A copy of this
order be placed on original file.
10. To come up for DM & SC on ________.
0 Comments