IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6253 of 2010 Date of Decision: September 30, 2010 Ramdass. …Petitioner Versus Abhey Ram and others. … Respondents CORAM: HON’BLE MR. JUSTICE ALOK SINGH 1. Whether reporters of local news papers may be Allowed to see judgment? 2. To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Rameshwar Malik, Advocate for the petitioner. Alok Singh, J. (Oral) Present petition is filed challenging the order dated 21.05.2010 passed by learned Appellate Court/District Judge, Bhiwani, whereby the appeal filed by the plaintiffs was allowed, as well as, application filed by the plaintiffs seeking restoration of the suit was also allowed and suit was directed to be restored to its number on payment of Rs.750/- as cost. C.R. No. 6253 of 2010 The brief facts of the case are that plaintiffs – respondents herein filed a suit for specific performance of the contract, however, suit was dismissed in default in the absence of the plaintiffs on 06.01.2004. An application under Order 9 Rule 9 C.P.C. was moved on 21.01.2004 within limitation. The main ground taken in the restoration application was that plaintiffs were under the impression that case is listed on 20.01.2004. Plaintiffs reached on 20.01.2004 to attend the court hearing, they came to know that in fact case was listed on 06.01.2004 and it was dismissed in default and soon thereafter, application for restoration was filed on the very next day. Appellate Court has found that sufficient cause has been shown. While restoring the suit, discretion has rightly been exercised by the Appellate Court in favour of the plaintiffs. The golden rule is that none should be given walk over and lis between the parties should be decided on merit, as far as possible, after giving full opportunity to both the parties. Once discretion has been exercised by the learned Appellate Court in favour of the plaintiffs by restoring the suit, I am not inclined to exercise my supervisory jurisdiction under Article 227 of the Constitution of India. Dismissed. September 30, 2010 ( Alok Singh ) vkd Judge 2 C.R. No. 6253 of 2010 3