AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
4 paragraphs · 249 wordsJ.V. Gupta, J.—This petition is directed against the order of the trial court dated 16.7.1987 whereby the suit was dismissed in default under Order 9 Rule 2 CPC.
The plaintiff filed the suit on 3.5.1986 for a declaration that they are in cultivating possession of the suit land. Since the defendant were not being served, the plaintiffs were directed to deposit the P.F. as well as the requisite fee for issuing the advertisement. According to the Learned Counsel for the petitioner though the requisite fee of Rs. 150/- was deposited by him but the process fee could not be paid in time and therefore, the suit was dismissed in default under Order 9 Rule 2 CPC by the impugned order.
The respondents have not been served in this Court either.
After hearing the Learned Counsel for the petitioner, I find that there was no occasion for the trial court to dismiss the suit in default under Order 9 Rule 2 CPC because the process fee was filed by the plaintiff but was filed late. If that was so, one more opportunity should have given to the plaintiff to do the needful. Consequently, this petition succeeds. The impugned order is set aside. The plaintiff is directed to appear in the trial court on 7.4.1989 for further proceedings. The records of the case be sent back forthwith. The trial court will pass a fresh order for summoning the defendants and directing the plaintiffs to deposit the necessary P.F.