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1961 Supreme(MP) 139

P.K.TARE
BUTA SINGH SHANKAR SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
B.S.Bakshi, H.L.KHASKALAM

P. K. TARE, J.

( 1 ) THIS revision under Section 115 of the Civil Procedure Code is by the plaintiff against the order dated 7-7-1961, passed by Shri P. S. Rana Civil Judge Class II, sidhi in Civil Suit No. 5-B of 1961, refusing to restore to file the suit.

( 2 ) THE petitioner filed a suit for restraining the respondent from recovering an amount of Rs. 2000/- regarding a forest contract. The petitioner alleged that something was due to him. At this stage, it is not necessary to consider the defence.

( 3 ) THE petitioner's suit came to be dismissed in default. He applied for restoration of the suit to file, but the trial Court refused to restore it. Thereafter, the petitioner filed an appeal. The appellate Court, by order, dated 27-4-1961 restored the suit to file upon certain conditions. The appellate Court imposed a condition precedent to the restoration of the suit by directing that the plaintiff should pay Rs. 30/- as costs to the Government Pleader or should deposit the same within a week in the trial Court for payment to the Government Pleader. If that was done, the suit will be deemed to have been restored; and if the amount was not paid within the time, the suit will be dee

































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