IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.340 OF 2008 Esoof Contractor & Ors. )..Applicants Versus Mridangraj Hiralal Suchak @ Barfiwala)..Respondent ---- Mr.Akbarali Nasikwala for the applicants. Mr.R.A.Kapadia i/by Ashok Toraskar for the respondent. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 2.7.2008. PC 1. The plaintiffs’ suit was for eviction and recovery of arrears of rent. In the said suit bearing RAE & R No.1312/1979 of 2006 summons were issued to the defendant but the defendant was not found. Further steps were not taken by the plaintiff within the prescribed period and in such circumstances, the trial Court dismissed the plaintiff’s suit under Order 9 rule 2. 2. The plaintiffs filed an application for restoration of the suit and by order dated 21.2.2008 the trial Judge restored the said suit. As against this, the defendant filed a revision before the Chief Judge being Revision Application No.74/2008 and by the impugned order dated 21.4.2008 the revisional Court allowed the revision on the footing : 2 : that the suit was actually dismissed under order 9 rule 5 of the Code of Civil Procedure. 3. In my view, though there is a mistake committed by the trial Court in so far as the order mentions that the suit is dismissed under order 9 rule 2, the facts clearly indicate that the suit was in fact, dismissed under order 9 rule 5 because the initial steps had in fact been taken by the plaintiffs. It is well settled that the wrong mention of a provision of law in an order does not necessarily vitiate the said order. It is also not in dispute that this Court has taken a view that proper remedy is to file a fresh suit. In the circumstances, I am dismissing this Revision Application. However, it is clarified that subject to limitation, the plaintiffs will have a right to file a fresh suit in accordance with law. It is also clarified that the plaintiffs would be entitled to refund of court fees on account of the dismissal of their suit in accordance with the rules. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)