ORDER

The appellant has preferred this appeal being aggrieved by the-order dated 23.04.2024 passed in Case No.498A/2023, by the 22nd Additional District Judge, Indore whereby the application preferred for restoration of RCS No.150-A/2013 was dismissed affirming the order dated 22.04.2022 passed in RCS No.150-A/2013, dismissing the plaintiff in default of plaintiff appearance.

2. Brief facts of the case are that the appellant/plaintiff filed a suit for Declaration of title and Permanent injunction against respondents. Sale deed dated 31-3-2007 executed between defendant no. 1 and defendant no 2 is null and void and not binding upon plaintiff. On 13-2-2020 plaintiff Geetabai expired and her LR’s were brought on record. Due to corona pandemic regular court was suspended. On 22.02.2022 case was fixed for appearance of defendant no. 2 and on arguments on an application under order 7 r/w 11 of CPC. Due to absence of plaintiff and his counsel learned trial court dismissed the suit on 22-04-2022. On 22- 6-2023 an application under order 9 R/w. 9 of CPC for restoration of suit was filed. On 23-04-2024 learned trial court dismissed the application hence this appeal.

3. Learned counsel for the a