SUSANTA CHATTERJI, J.

( 1 ) THE present revisional application has been filed challenging the order dt. 22-2-87 in Misc. Appeal No. 116 of 1986 passed by the learned District Judge, Howrah, affirming the order dt. 20-6-86 passed in Misc. Case No. 3585, by the learned Munsif, Uluberia.

( 2 ) IT appears that an application for restoration of Misc. Case No. 24/77 was filed stating the relevant facts. The Misc. Case was dismissed for default on 3-4-82. The learned Munsif dismissed the prayer for restoration considering the background of the case and the explanation furnished by the petitioner was not found to be sufficient as to the absence on the date of hearing. The Misc. appeal was heard by the learned District Judge and the appeal was dismissed on two fold grounds. First, the learned District Judge found that the appeal was not maintainable under O. 43, R. 1 (e) of the Civil P. C. Secondly, he dismissed the appeal on merit also.

( 3 ) I have heard the learned Advocates of the respective parties at length. I have gone through the materials on record. The petition under O. 9, R. 9 was filed and the only point to be considered as on the date of dismissal if the case for default whether there is sufficient reason for the absence of the petitioner. Other circumstances are absolutely extraneous. The petition under O. 9, R. 9 being dismissed, an appeal lies and the view taken by the learned district Judge is not correct. Apart, the learned District Judge has not appreciated the reasons as to the absence of the petitionerer on the date of hearing.

( 4 ) THE attention of this Court is drawn to a recent decision of the Hon'ble Supreme Court reported in AIR 1987 SC 1353 Collector Land Acquisition, Anantanag v. Mst. Katiji. In considering the expression "sufficient cause" as envisaged in S. 5 of the Limitation Act the Hon'ble Supreme Court found that the legislature is adequately elastic to enable the Court to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose for the existence of the institution of Courts. It is common knowledge that the Court has been making a justifiably liberal approach in matters instituted in this Court. But the message does not appear to have percolated down to all the other Courts in the hierarchy. In the instant case applying the said test this Court finds that a liberal approach ought to have been made to understand the sufficient cause as to the absence of the petitioner on the date of dismissal of the case for default. However, for ends of justice an opportunity may be given to the petitioner to contest the main case on merit.

( 5 ) FOR the aforesaid reasons the revisional application succeeds. The learned Munsif is directed to hear this Misc. Case on merit as early as possible preferably within three months from the date of communication of the order.

( 6 ) FOR the ends of justice also the petitioner is directed to pay the cost of 30 G. M. to the opposite party within three weeks, in default the Misc. Case will stand dismissed.

( 7 ) LET a copy of the order be communicated to the Court below immediately. Revision allowed.

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