ORDER

The petitioner has filed this civil revision under section 115 of Code or Civil Procedure, 1908 (In short “CPC) being aggrieved by the impugned order dated 24/08/2023 passed by 8th Civil Judge, Junior Division, Indore in MJC no. 486/2019, whereby the trial Court has dismissed the application under section 151 of C.P.C. 2/ Fact of the case in brief is that the respondent/plaintiff instituted a plaint against the petitioner/defendant before the trial Court for eviction under M.P. Accommodation Control Act on 05/01/2018. Thereafter, the Court had given so many opportunities to the respondent/plaintiff to pay court fees, but the court fees was not paid and on 29/11/2018, for want of payment of court fees and for want of prosecution, the trial Court dismissed the suit. Then, on 17/05/2019, the respondent/plaintiff submitted an application under Order 9 Rule 9 of C.P.C for restoration of the plaint and the Court restored the same as MJC no. 486/2019. During pendency of the said MJC, the petitioner preferred an application under section 151 of C.P.C challenging maintainability of the said proceeding under Order 9 Rule 9 of C.P.C, but by the impugned order dated 24/08/2023