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1953 Supreme(HP) 15

CHOWDHRY
Kanshi Ram – Appellant
Versus
Mt. Dharmi – Respondent


Advocates:
K.C. Pandit, for Petitioner; Man Mohan Nath, for Respondents.

ORDER :- This is a plaintiffs application for setting aside the order of this Court dated 2-9-l952 dismissing his revision petition for default of prosecution.

2. The defendants in the case are Mt. Dharmi and Balak Ram. It appears that Sri Man Mohan Nath Advocate appeared for Balak Ram on 20-8-1952 but the other defendant Mt. Dnarmi was absent and she had not been served. The case was therefore adjourned and the plaintiff-petitioner was ordered to take fresh steps against Mt. Dharmi within a week. Steps were however not taken despite a reminder, and, as stated, the revision was dismissed for default on 2-9-1952. The present petition for setting aside the order of dismissal and restoration of the revision was filed on behalf of the plaintiff on 3-10-1952.

3. There were two preliminary objections taken by the learned counsel for the defendants-respondents: (1) that an application for restoration of revision dismissed for default does not lie, and (2) that the application for restoration is time-barred. With regard to the first objection the learned counsel cited a number of rulings Of these - Court of Wards v. Fatteh Singh, 75 Pun Re 1881 (A); - Umar Din v. Ala Bakhsh, 54 Pun Re 1901 (




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