MOHINI KAPUR, J.— The petitioner and non-petitioner No. 2, Raghu-nath, instituted a suit for permanent injunction against the non-petitioner No. 1. In this suit, before framing issues, the Court, namely Additional Civil Judge No.l, Jaipur city, considered it necessary to examine the plaintiffs under order 10 C.P.C. In pursuance of this order dated 20th March, 1985, the plaintiff Raghunath was examined under O. 10 on 14.10.1985, and thereafter Prahalad Kumar Gupta, Secretary of the petitioner society was directed to be present on 2.9.85. He did not appear on this date and next dates given were 25.9.85, 28.9.85 and 15.10.85. He failed to appear on all these dateds and on 15.10.85. the defendant Non-petitioner No 1, moved an application that the suit of the plaintiff be dismissed under order 9 Rule 12 C.P.C. This application was fixed for arguments and orders on 16 10.85 and on this date the learned Civil Judge, considered the circumstances that the Secretary of the petitioner had failed to appear without any sufficient cause and as such the suit of the petitioner was dismissed under order 9 Rule 12 C.P.C. plaintiff Raghunaths suit was to proceed.

2. On 8.11.1985, the petitioner moved

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