ORDER

This miscellaneous appeal under Order 43 Rule 1(c) of the CPC has been filed feeling aggrieved by the order dated 16.12.2021 in MJC No.202/2019 by Signature Not Verified Signed by: HIMANSHU Principal District Judge, Bhopal whereby an application preferred under Order 9 Rule 9 r/w Section 151 of CPC has been rejected.

2 . The facts in brief are that a regular civil suit preferred by appellant/plaintiff was pending before District Judge, Bhopal as Civil Suit no.197-A/2008 titled as Messers Sukhdev Prasad Goyenka vs. State of M.P. and others. Suit was dismissed on 20.07.2018 when the Regular Civil Suit no.197-A/2008 was called for hearing.

3. Challenging the order, this appeal has been preferred on the ground that impugned order is passed ignoring his explanation for non-appearance on 20.07.2018 as he was under treatment from 05.06.2018 to 28.08.2018 for Hypertension with Diabetes with Myalgia and for mistake on the part of counsel, the parties should not suffer.

4. Heard finally at the stage of admission with the consent of both the parties.

5. Learned counsel for the non-applicants/defendants/respondents opposed the prayer and supported the order of Trial Court.

6. Perused the recor