Revision against dismissal of plaintiff's Order 9 Rule 4 application and appeal. Court held party should not suffer for counsel's fault, restored the dismissed application, granted two opportunities to record evidence, and allowed the revision.
Orders of trial court and appellate court set aside; two opportunities to adduce evidence granted; revision allowed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CR No. 87 of 2022
---- Petitioner
Versus
---- Respondent
For Petitioner : Shri Shrawan Agrawal, Advocate. For Respondent/State : Shri Atanu Ghosh, Deputy GA.
Hon'ble Shri Deepak Kumar Tiwari, J
Order On Board
22/01/2024 :
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whereby the application preferred under Order 9 Rule 4 read with Section 151 of the CPC has been rejected and the Appeal has also been dismissed.
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Sd/-
(Deepak Kumar Tiwari) Judge
Barve
1 issue framed by the court
Should a plaintiff whose suit was dismissed for non-appearance of counsel be given another opportunity to adduce evidence?
1 provisions across 1 enactments
Smt. Soni W/o Late Shri Dundi Sukda
Tahsildar Geedam
Sub Divisional Officer (Revenue), Dantewada
Commandant, 9th Battalion, C.G. Arms Force, Karli
State of Chhattisgarh through Collector, District Dantewada
G.S. Nag Ex Tahsildar Geedam
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
