JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. A.K. Sahani, the learned counsel appearing on behalf of the petitioners as well as Mr. Amar Kumar Sinha, the learned counsel appearing on behalf of the respondent/Opposite parties.

2. This petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 20.06.2022 passed by learned Civil Judge (Sr. Division)-III, Palamau at Daltonganj in Misc. Case No.05 of 2022 whereby the petitioner filed under Order IX Rule 3 CPC read with Order XVII Rule 2 CPC for restoration of Title Suit No.79 of 2008 has been allowed.

3. Mr. A.K. Sahani, the learned counsel appearing on behalf of the petitioners submits that Title Suit No.79 of 2008 was instituted for declaration of right, title and interest in which the notices have been issued upon the defendants nos.1 and 3 to 16 and they have appeared and filed their written statement and seven witnesses have been examined as well as the issue has already been framed. On 05.04.2011, the evidence of the plaintiff/O.P. first set was closed. He submits that by order dated 11.04.2022 the said suit was dismissed for non-prosecution under the provisions of Order IX Rule 3 read wi