( 1 ) -PRABHATI Lal Petitioner filed a suit for Rs. 10,744. 00 under Order 37 of the Code of Civil Procedure (for short the Code ) on the basis of a pronote alleged to have been executed by Gurmukh Singh, defendant. The trial court issued summons under Order 37 of the Code to the defendant and adjourned the suit to 12th October, 1984. From the record it appears that the defendant was served on 25th July, 1984. On 12th October, 1984 neither the plaintiff nor the defendant appeared before the trial court and the suit was dismissed for default of appearance. The plaintiff filed an application under Order 9, Rule 4 of the Code for restoration of the suit. He has alleged that he engaged a counsel Shri Mohinder Singh, Advocate and he was held up in some other matter in Patiala House that there was no motive for him to remain absent on 12th October, 1984 and that no prejudice would be caused to the defendant. An affidavit of Mohinder Singh, Advocate, counsel for the plaintiff was also filed. In the affidavit the Advocate has deposed that on 12th October. 1984 he was held up in Delhi High Court before Justice J. D. Jain in Criminal M. (M) No. 999 of 1983 and he could not appea