Civil Revision No. 4111 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4111 of 2008 Date of decision: 22.05.2009. The Managing Committee Swami Ganga Giri Janta Girls College, Raikot. ...Petitioner Versus Tarsem Chand Jain ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Manish Gupta, Advocate for the petitioner Mr. Rajesh Dadwal, Advocate for the respondent ***** S.D.ANAND, J. A revision petition against the interim order dated 9.5.1991 passed by the learned Trial Court was filed in this Court in the year 1991. It came to be disposed of by this Court on 21.11.2001. In the order, this Court did not direct the parties to appear before the learned Trial Court on any particular date. During the pendency of the petition before this court, the learned Trial Court dismissed the suit in default on 29.7.1994. The plaintiff-respondent applied for restoration of the suit. That plea was allowed by the learned Trial Court, vide order dated 5.5.2008. The defendant- petitioner filed a plea for review vide application dated 12.6.2008. The plea for review was resisted by the plaintiff-respondent. That Civil Revision No. 4111 of 2008 -2- **** plea was declined by the learned Trial Court. It is apparent, from a perusal of the impugned order, that it does not notice the fact that a revision petition against an interim order of the learned Trial Court had been filed in the year 1991 itself and it came to be disposed of on 21.11.2001. How exactly the suit could, then, be dismissed in default during the pendency thereof is not apparent from the order dated 29.7.1994. What happened at the trial during the period 2.11.2001 (i.e. date on which the revision petition was disposed of by this Court) and 29.7.1994 (i.e. the date on which the suit was ordered to be dismissed in default) is not apparent from the record. The learned Trial Court does not appear to have taken cognizance of all these facts which have relevant bearing on the disposal of the controversy. The petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Court is directed to dispose of the restoration plea afresh in the light of the facts noticed by this Court. The parties, through their learned counsel, are directed to appear before the learned Trial Court on 2.6.2009. May 22, 2009 (S.D.Anand) Pka Judge