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DWARKADHISH BANSAL
Tej Bahadur Singh – Appellant
Versus
Jokhai Singh – Respondent
ORDER
1. This civil revision has been preferred by the petitioners/plaintiffs challenging the order dated 1.8.2016 passed by District Judge, Sidhi, in misc. civil appeal No.06/2013 affirming the order dated 30.1.2013 passed by Civil Judge Class-I, Majholi, in MJC No.18/2010 whereby plaintiffs’ application under Order IX rule 4 read with section 151 CPC has been dismissed, although rightly treated it to be under Order IX rule 9 CPC.
2. Facts in short, are that the petitioners/plaintiffs had instituted a suit for declaration of title, permanent injunction and alternatively for restoration of possession in respect of agricultural lands against as many as 10 defendants. Upon service of summons, the defendants put in appearance through counsel and vide order dated 27.11.2003, case was posted for written statement for 8.12.2003. As neither the plaintiffs nor their counsel had appeared on 8.12.2003, therefore, trial Court dismissed the suit for want of prosecution although in presence of the defendant 2 and counsel Shri K.L. Dwivedi.
3. For restoration of the suit, an application under Order IX rule 4 read with section 151 CPC supported by affidavit was filed on 1.1.2004 i.e. within a perio
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