Tarlok Singh Chauhan, J.—This revision petition under Section 115 CPC is directed against the order passed by the learned District Judge, Hamirpur, on 21.11.2009 (‘impugned order’), whereby he affirmed the order passed by the learned trial Court on 30.06.2006, dismissing the application for restoration of the suit which was dismissed in default.

2. Brief facts leading to the filing of the present petition are that the predecessor-in-interest of the present petitioner Harbans Lal and Yog Raj filed a suit for permanent prohibitory injunction against the respondents before the trial Court at Hamirpur and on 20.05.1996, the suit was decreed for possession of the house situated on the suit land by way of ejectment and further the respondents were restrained from raising construction on the suit land.

3. Aggrieved by the judgment and decree passed by the learned trial Court, the respondents filed an appeal before the learned first appellate Court i.e. Additional District Judge, Hamirpur, who vide his judgment dated 24.05.2003 allowed the same and remanded the case to the l