Honble PANWAR, J.–This appeal is directed against the order dated 19.4.1993 passed by the learned Additional District Judge, Nimbahera in Civil Misc. Case No.14 of 1992 whereby he dismissed the application filed by the plaintiff-appellant u/O.9 R. 8, CPC dated 28.5.1990 and refused to restore the Original Civil Suit No.41/88.

(2). Brief facts of the case, are that the plaintiff-appellant filed a money suit for recovery of Rs.10,668/- against the defendant-respondent before the learned District Judge, Pratapgarh Camp Chittorgarh, which was subsequently trans-ferred to the Court of learned Additional District Judge, Nimbahera.

(3). On 25.9.1989, in the presence of counsel for the parties, the suit was adjourned to 25.11.1989 for hearing of the arguments on an application filed by the plaintiff-appellant u/O.38 R. 5, CPC and for filing of the written statement. On 25.11.1989, the case was called on but no one appeared for the plaintiff-appellant. However, counsel for the defendant-respondent was present before the trial Court but, he did not file the written statement as directed on the previous date. The learned trial Court dismissed the suit for want of prosecution.

(4). Against the or

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