1. This revision petition has been filed against the order dated 13th May 2004 passed by Additional District Judge, Delhi in Suit No.286/2003, whereby the application of the plaintiff under Order IX Rule 9 for restoration of suit which was dismissed in default on 7th February, 1996 was allowed Respondent No.1 (hereinafter referred to as plaintiff) filed a suit for specific performance and damages on 5th February, 1988 in respect of the provisional booking of the flats at the fourth floor of the building called Praveen apartments(now known as golf apartments) at Sujan Singh Park South, New Delhi.

2. Learned Senior counsel for the petitioner (Defendant in the suit) has argued that the suit was dismissed in default on 7th February 1996, the respondent no. 1 was always negligent and had shown total callousness and utter disregard for prosecution of the suit and the conduct of the respondent no. 1 is apparent from the various orders passed by the learned trial court even prior to the dismissal of the suit. Learned senior counsel has also made his submission that after the dismissal of the suit on 7th February 1996 the respondent no. 1 filed an application under Order