JUDGMENT

Amit Bansal, J. (Oral)

[VIA VIDEO CONFERENCING]

CM No. 28031/2021 (for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 555/2021

3. This petition under Article 227 of the Constitution of India impugns the order dated 22nd February, 2021 passed by the learned Civil Judge, Tis Hazari Courts, Delhi whereby the application for restoration of the suit along with the application under Section 5 of the LIMITATION ACT filed on behalf of the petitioner/plaintiff was dismissed.

4. The petitioner/plaintiff is a retired Army Officer who is 100 per cent physically disabled. The suit from which the present petition arises was filed on behalf of the petitioner/plaintiff for permanent injunction in the year 2004. The said suit was pending adjudication before the Trial Court and was listed on 29th May, 2013, when the Advocate appearing on behalf of the petitioner did not appear and the suit was dismissed for non- prosecution. It is the case of the petitioner that he did not come to know about the said dismissal even though he kept enquiring from the said Advocate about the next date of hearing in the said case. It was only in the month