JUDGMENT :

1. Heard the learned counsel for the appellant and the learned counsel for the respondents.

2. This appeal is preferred by the appellant/petitioner aggrieved by the order passed by the XI Addl. City Civil Judge, Bangalore (CCH-8) dismissing Misc.No.585/2012. The said Misc.No.585/2012 was filed seeking to restore the order dated 4.7.2012 passed in Misc.No.223/2011 dismissing the same for non-prosecution. The appellant is said to have filed Misc.Petition No.223/2011 seeking to restore the suit in O.S.No.639/2004. The said miscellaneous petition was set down for the appellant/petitioners evidence on 4.7.2012. On the same day, the petitioner in person is said to have appeared before the Magistrate Court in C.C.No.14570/2007. The said criminal case was filed alleging that the petitioner had forged the agreement of sale, which is the suit document in O.S.No.639/2004. Since the said criminal case came to be adjourned at 3.00 p.m., immediately he had appeared before the court which was conducting Misc.No.223/2011 and came to know that the said petition was dismissed for non-prosecution. The original suit in O.S.639/2004 was filed for specific performance of contract. In the said s