Judgment

Mr. Anil Kshetarpal, J. (Oral):-The correctness of the order passed by the trial Court on19.11.2014, while dismissing the plaintiff’s application for restoration of the case is challenged in this revision petition. The plaintiff filed a suit for grant of decree of declaration to the effect that sale deed dated 16.08.2005,executed by the defendant No.1 in favour of defendant No.2 acting as a Special Power of Attorney of the plaintiff dated 13.04.2005, is without any authority and not binding on the rights of the plaintiff. The suit was filed on12.03.2010. Initially, the suit was dismissed in default on 07.11.2011, however, it was restored on 09.11.2011, after the Court realized its mistake. Thereafter, once again the suit was dismissed in default on 18.07.2012. It is the case of the plaintiff when the case was called for hearing, he went to the office of the advocate to call him, however, his lawyer was busy in some other case and when the counsel appeared in the post-lunch session, the suit had been dismissed in default by the trial Court.

2. On 04.08.2012 i.e. within a period of 15 days from the date the suit was dismissed in default, the application for restoration was fi