IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 18 OF SEPTEMBER, 2025 CIVIL REVISION No. 424 of 2021 SMT. PRASADIBAI AND OTHERS Versus MST. ANNU AND OTHERS Appearance:

Mr. Rohit Bansal - Advocate for applicants.

Mr. Swapnil Sharma - Proxy Counsel on behalf of Mr. Dharmendra Rishishwar - Advocate for respondent Nos. 1 to 3.

ORDER Heard through video conferencing.

This Civil Revision under Section 115 of CPC has been filed against the order dated 15-09-2021 passed by First Civil Judge, Senior Division, Sheopur in MJC No. 01/2018, by which an application filed by applicants under Order 9 Rule 9 CPC (wrongly mentioned as Order 9 Rule 4 CPC in the application) has been rejected.

2. It is the case of applicants/plaintiffs that on 10-03-2011, the trial Court observed that since plaintiffs have not given the list of witnesses, therefore, the case was fixed for 23-03-2011 for recording of plaintiffs' evidence. Neither applicants/plaintiffs nor their witnesses were present on 23-03-2011. Even counsel for applicants/plaintiffs pleaded “no instructions”, and accordingly, the trial Court dismissed the suit on account of absence of plaintiffs.

3. It i