1. The revision is directed against the order dated 14.2.95 passed in Misc. Appeal No. 83/94 which arose out of the order dated 8.10.92 passed on an application under Order 9 Rule 9 CPC.

2. The plaintiff filed a suit for declaration and injunction wherein the trial Court fixed 29.8.92 as the date for filing the written statement on which date no written statement was filed by the defendant but on that date, the plaintiff could not appear in Court as on account of some family property fued at his native place in Punjab, he proceeded to that place and could not contact his counsel to appear in the case. The case was dismissed for default of appearance of the plaintiff, on 29.8.92, and the plaintiff on his coming back, came to know about the order on 17.6.93 when he contacted his counsel and the counsel told him that he could not attend the case because of his remaining busy in some other cases which has resulted in dismissal of the suit itself For setting aside the order of dismissal of the suit and restoration of the suit, an application was moved under Order 9 Rule 9 CPC, which was rejected by the trial Court, where against an appeal was preferred which also met the same fate a