The judgment emphasizes the need for diligence and valid reasons for restoration under Order 9 Rule 9 of the Civil Procedure Code.

The Petitioner/Appellant/Plaintiff has filed this Civil Revision Petition as against the order dated 31.08.2000 in C.M.P.No.970 of 1996 passed by the Learned VII Additional Judge, City Civil Court, Chennai in dismissing the petition praying to restore C.M.P.No.1563 of 1995 dismissed for default dated 19.06.1996 filed by the petitioner under Order 9 Rule 9 of Civil Procedure Code.

2.The Learned VII Additional Judge, City Civil Court, Chennai while passing orders in C.M.P.No.970 of 1996 dated 31.08.2000 has inter alia opined that the reasons mentioned in the petition to restore C.M.P.No.1563 of 1995 to file are an unacceptable one for the reason, earlier C.M.P.No.242 of 1992 has been dismissed, which fact has been known to the petitioner and again in C.M.P.No.1563 of 1995 which has been filed to restore C.M.P.No.242 of 1992, the petitioner has not appeared properly and also not taken proper steps and has adopted an indifferent attitude and therefore, the same has been dismissed on 19.06.1996 and therefore, the reasons ascribed in the petition to restore C.M.P.No.1563 of 1995 are not proper and consequently, dismissed the petition without costs.

3.The learned counsel for the Revision Petitioner urges before this Court that the impugned order of the trial Court is contrary to law and without jurisdiction and further the delay of 84 days in representing the appeal which was returned for some compliance ought to have been excused and also that heavy stakes are involved in the matter as Mohanambal is not the daughter of the petitioners tenant Sivagami Ammal or her husband Masilamani and as a matter of fact Mohanambal has been brought up by Masilamani and as such the suit property cannot be claimed by Sivagami Ammal, who is an utter stranger to Mohanambal and therefore, the judgment of the trial Court upholding the right of Mohanambal, as the daughter of Sivagami Ammal is an erroneous one and that apart, when the petitioner has a substantial case in her favour and when she has a fair chance of success in her appeal, it is unlikely and unthinkable that the petitioner would have slept over the matter etc., but these aspects of the matter have not been looked into and appreciated by the trial Court in a proper perspective, which in turn has resulted in miscarriage of justice and therefore, prays for allowing the Civil Revision Petition in the interest of justice.

4.The revision petitioner in her affidavit in C.M.P.No.970 of 1996 has inter alia averred that her petition for leave to appeal as an indigent person in C.M.P.No.242 of 1992 has been dismissed for default for her non-appearance, as she has been ill and hence, she has filed C.M.P.No.1563 of 1995 for restoration and that the same has been posted to 19.06.1996 and her counsel has gone to Sabarimala, though she has taken steps she has not represented the matter properly and hence, the Court has dismissed her petition for default in taking steps and if C.M.P.No.1563 of 1995 for restoration is not ordered, she will be seriously prejudiced and further, she is a widow without any help and therefore, prays for restoring the C.M.P.No.1563 of 1995 to file.

5.In the counter filed by the 1st respondent (before the trial Court), it is among other things mentioned that it is strange that the 3rd respondent who is not a party to the proceedings viz., suit, first appeal and the application to permit the petitioner to file first appeal either in her own capacity or as legal heir of the deceased respondent Akbar Basha, is impleaded as party to the above application and moreover, the reasons mentioned in the petition for restoration are not acceptable and tenable and added further, no explanation is forthcoming as to why the petitioner has not attended the Court on that date and what has been the alternate arrangement made by her counsel to represent the matter and the allegations are mere lame excuses thought of and made for the occasion and indeed, the petitioner is in the habit of