1.This Notice of Motion is taken out by the Plaintiffs for setting aside an order passed by this Court purporting to dismiss the suit for non - prosecution.

2. On 29th November, 2001 this suit appeared on the daily board for framing Issues. The Advocate for the Plaintiffs appeared before the Court. He, however, stated that he is not ready to go on with the matter. The Court did not find any valid reason for his saying so. The learned single Judge therefore dismissed the suit for non - prosecution.

3. The plaintiffs applied for restoration of the suit under O.9, R.9 of the Code of Civil Procedure , 1908, which reads as under : -
9.Decree against plaintiff by default bars fresh suit. -
(1) Where a suit is wholly or partly dismissed under R.8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non - appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the