I.A. Ansari, J.

1. The respondent herein instituted, as plaintiff, Title Suit No. 07 of 2001, in the court of Civil Judge (Sr. Divn.), Bongaigaon, seeking, inter alia, a decree of declaration of his rights, title, interest and khas possession over the suit land and permanent injunction. On an application made by the plaintiff under Order 39, Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as 'the Code') read with Section 151 thereof, a temporary injunction was granted in favour of the plaintiff-respondent. In course of time, the petitioner herein appeared, as defendant, in the suit, aforementioned and contested the same by filing written statement. When the suit was pending for hearing, the same was dismissed for default, on 11.11.2005, as the petitioner was found absent without taking any steps. Thereafter, a, petition was filed by the plaintiff under Order 9, Rule 9 read with Section 151 of the Code seeking restoration of the suit on the ground that his counsel had incorrectly entered into his diary the date of hearing of the suit as 11.12.2005 instead of 11.11.2005 and as his counsel was required to be away from Bongaigaon, he filed an application, on 6