v- Central Bureau of Investigation, reported in reported in (2018) 16 SCC 299 resumed the normal proceeding of the suit on 26th February, 2021. Observing that the case is lingering in the file of the Court for more than forty years and this Court has instructed to dispose of old cases expeditiously, learned trial Court proceeded to dismiss the suit for non-prosecution. Although, an application for recall of that order and to restore the suit was filed, the same was rejected on the ground that though normal proceeding of the suit had resumed since 26th February, 2021, parties did not take any step to proceed with the suit. The suit was pending for forty years and the order of dismissal dated 11th February, 2022 was passed in view of the provision under Order XVII Rule 2 read with Order IX Rule 3 C.P.C. The petition for restoration was filed being supported with an affidavit sworn by one A.K.Gouda, who was not a party to the suit. Hence, he rejected the said application. 4. In view of the submission made by Mr. Mishra, learned Senior Advocate appearing for the Plaintiffs-Petitioners that vide order dated 29th January, 1996 passed in T.S. No.53 of 1981, three suits namely, T.S. Nos. 112 of 1979, 75 of 1980 and 53 of 1981 were directed to be heard analogously and the Plaintiffs in bona fide impression take steps in T.S. No.53 of 1981 only, this Court is of the considered opinion that learned trial Court should have verified the records before passing any order in dismissing the suit. It is also submitted that petition for restoration was filed by the Manager of the Plaintiffs being duly authorized by them. But the same was not considered by learned trial Court.
