( 1 ) THE appellant being aggrieved by the order dated 8-1-1994 passed in M. J. C. No. 0/94 by the learned IVth Additional Judge to the Court of District Judge, Bilaspur, rejecting the appellant's application filed under Order 9, Rule 7 read with Section 151, C. P. C. for restoration of Civil Suit No. 12-A/92 has preferred this appeal.

( 2 ) THE brief facts necessary for the disposal of the appeal are that the appellants had filed the Civil Suit which was fixed for hearing on 30-9-1993. It was adjourned to 21-10-1993 and thereafter to 30-10-1993. The appellant submits that on 30-10-1993 their Counsel went to the Reader of the Court and the Counsel was informed that the suit has been adjourned to 10-12-1993 thereafter the Reader informed the appellant's Counsel that the suit was again adjourned to 7-1-1994. The Counsel went to the Reader on 7-1-1994 and was informed that the suit has already been dismissed in default on 30-10-1993. On 7-1-1994 itself the Counsel Shri M. B. Sharma moved an application for restoration of the suit with his own affidavit stating the facts and reasons. The learned Court below without issuing notice of the application to the other side itsel