S.K. Awasthi, J.

This civil revision under Section 115 of CPC has been filed by the applicants against the order dated 17.06.2013 passed by Second Additional District Judge, Sheopur in Miscellaneous Civil Appeal No. 17/2013, setting aside the order dated 19.12.2012 passed by Second Civil Judge Class I Sheopur in Miscellaneous Civil Case No. 15/2011 by which the trial Court initially rejected the application under Order 9, Rule 9 of CPC for restoration of original Civil Suit No. 76/2005 (New No. 109/2008).

2. The short facts of the case are that the respondent has filed a civil suit for permanent injunction in respect of agricultural land survey No. 843, 844, 848, 849 and 854 total area 7.034 hectare situated at village Baroda Tehsil and District Sheopur (M.P.), which was registered as Civil Suit No. 76-A/2005. This suit was listed on 20.04.2010 for recording evidence of the plaintiff and earlier also the opportunities were given to the plaintiff for pursuing his evidence but on that date plaintiff and his witnesses were not present and prayer was made by the counsel for the plaintiff/respondent for adjournment. The learned trial Court, however, rejected the prayer and vide ord