Judgment

Mr. Anil Kshetarpal, J.

The petitioners herein are the plaintiffs. They filed a suit for the grant of decree of declaration and mandatory injunction with a consequential relief of permanent injunction. The plaintiff No.1 is a widow, whereas the plaintiff No. 2 to 5 are her daughters.

2. During the pendency of the suit, the defendant filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) with a prayer to reject the suit on account of the fact that the court fee so affixed is insufficient. The plaintiffs were granted an opportunity to file a reply to the application. However, despite grant of various opportunities, reply to the application was not filed by the plaintiffs. Ultimately, on 20.02.2019, neither the plaintiffs nor their counsel did appear and the suit was dismissed for non-prosecution. An application was filed for restoration of the suit, which was also dismissed.

3. Heard the learned counsel representing the parties at length and with their able assistance, perused the paper book.

4. The learned counsel representing the petitioners contends that on 20.02.2019, the case was fixed for filing a reply to the a