Piyush Mathur, J.

1. This is an Appeal preferred against Order Dated 10.03.2010, whereby the First Additional District Judge, Bhind, has dismissed the Application preferred under Order 9 Rule 9 of CPC seeking restoration of Claim Case No. 119/2008 Ram Kumar Vs. Subhash Chandra Sharma & Others, wherein it was demonstrated by the Appellant that be could not attend the Court on date 25.07.2008, on account of floods in his village and the adjoining area and since the next dates 26.07.2008 and 27.07.2008 were Saturday and Sunday, an Application seeking restoration of Claim Case No. 119/08 was immediately filed on the first working day, i.e, date 28.07.2008; whereafter the bonafide of the Appellant could have been evaluated and based upon the reasons of non-appearance, the Claim Case ought to have been restored to its Original Number.

2. I have heard the learned Counsel for the Appellant and perused the Order passed by the Court below, wherein a very technical and pedantic attitude seems to have been adopted, while rejecting the Application preferred under Order 9 Rule 9 of CPC, without appreciating that the Restoration Application was filed immediately after passing of the Order of d