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Subash Chand and anr. Vs. Smt. Sarjoo Dei - Court Judgment

LegalCrystal Citation
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 634 of 1956
Reported inAIR1960All569
ActsCode of Civil Procedure (CPC) , 1908 - Sections 151
AppellantSubash Chand and anr.
RespondentSmt. Sarjoo Dei
Appellant AdvocateK.M. Sinha, Adv.
Respondent AdvocateRama Shanker Prasad, Adv.
DispositionRevision dismissed
civil - court inherent power for restoration of suit - section 151 of civil procedure code, 1908 - dismissed suit - restoration necessary for justice. - .....not been complied with. defendant's counsel is present. at this stage sri t. k. shankar present for.....

S.S. Dhavan, J.

1. This is a defendants' application under Section 151 C. P. C., against an order of the learned Munsif, Basti restoring the plaintiff's suit previously dismissed by the court for not carrying out the orders of the court and not filing certain documents.

2. It appears that the plaintiff respondent Srimali Sarjoo Dei filed a suit for the issue of an injunction against the defendant applicant. She obtained an adjournment to file a map. On 23-2-1956, when the case was called up, neither the plaintiff nor her counsel was present. The court passed an order dismissing the suit in these terms :

'23-2-56. Case called. Plaintiff absent. Her counsel also absent. Sri Chet Earn Pandey for defendant.

The plaintiff is absent. No steps have been taken. Required map has not been filed. The order of the court has not been complied with. Defendant's counsel is present. At this stage Sri T. K. Shankar present for plaintiff.

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