JUDGMENT

B.N. Agrawal, J.-Leave granted.

2. This appeal is against the order dated 30th November, 2000 passed by Punjab and Haryana High Court in C.R.No. 397 of 1998 whereby order passed by trial Court restoring the suit which was dismissed for default, has been set aside and application under Order 9 Rule 9 of the Code of Civil Procedure (hereinafter referred to as the Code ) has been dismissed.

3. The plaintiffs/appellants filed a suit for declaration that deed of conveyance dated 10th October, 1980 executed by defendant No. 2 in favour of defendant No. 1 was void and for recovery of possession of the property conveyed thereunder. The plaintiffs had settled abroad in Thailand and appointed one Shri Gurdip Singh as their attorney who appointed one Shri Suresh Sharma, Advocate, to represent them in the suit. On 13th June, 1988, the suit was adjourned to 20th July, 1988 but as during the night intervening between 19th and 20th July, 1988, father of the aforesaid Shri Suresh Sharma suffered heart attack, he remained busy in the treatment of his father who later died. Due to that reason, Shri Suresh Sharma, Advocate, could not appear in court on 20th July, 1988, on which date the trial