• Order 9, Rule 4 CPC Seeking restoration of suit

• Order 9, Rule 4 CPC Seeking restoration of suit Suit for specific performance Dismissal of the civil suit instituted by petitioner due to default in his counsel's appearance - Default attributed to petitioner Counsel that too was not his deliberate mistake - Default of counsel for the plaintiff has been justified by giving cogent reasons - Bona fide of petitioner are borne out from fact that he had deposited heavy court fees and had been diligently following up with his counsel - Serious prejudice would indeed be caused to petitioner if suit not restored - Suit restored subject to payment of Rs.25,000/as costs. [Paras 7 and 9]

Malkit vs Balwinder CR 1032/21 04/05/21 [ ARUN JJ ]

[ PUNJAB HARYANA HIGH COURT]