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2023 Supreme(P&H) 775

SANJAY VASHISTH
Sandeep Bhandari – Appellant
Versus
Manmohan Lama – Respondent


Advocates appeared:
Mr. Yasheen Sethi, Advocate for the petitioner(s).

SANJAY VASHISTH, J.

1. Challenge in the present Revision Petition filed under Article 227 of the Constitution of India, is to the order dated 01.09.2022 (P-2) passed in CS/1475/2019, whereby, the Court of learned Civil Judge (Jr. Divn.), Ludhiana, dismissed in-default the suit filed by the petitioner (plaintiff). Besides, a challenge has also been made to the order dated 31.08.2023 (P-4), passed in CM/1137/2022, vide which, application for restoration of the suit, filed by the petitioner was also dismissed, only on the issue of limitation, as the application was required to be filed within a period of 30 days.

2. Learned counsel for the petitioner submits that on 01.09.2022, when the suit was dismissed in-default, even the attendance of defendants is not marked present before the Court below. In the said suit, only the formal pleadings were completed and issues were yet to be framed. Thus, the suit was on its very early stage, and in allowing the application for restoration of the suit, by accepting the explanation given by the petitioner (plaintiff), rights of anybody would not get prejudiced or affected in any manner.

3. I have heard learned counsel for the petitioner and perused th

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