IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 7006 of 2009 Date of Decision: 25.10.2010 Ajmer Singh .... Petitioner Versus Ranjit Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Maharaj Kumar, Advocate for the petitioner Ms. Deepali Puri, Advocate for respondents No. 2 and 3 ALOK SINGH, J. (ORAL) Present petition is filed challenging the order dated 26.7.2006 passed by Civil Judge (Jr. Divn.) Rajpura as well as order dated 17.12.2008 passed by District Judge, Patiala whereby application moved by the plaintiff-petitioner under Order 9 Rule 9 C.P.C. was dismissed. The case before the trial Court was dismissed in default on 31.1.2001. Application for restoration was moved on 9.6.2001 with the allegation that learned counsel appearing on behalf of the petitioner has noted wrong date. Application for restoration was dismissed by the trial Court having found that application was not moved promptly and it could not be proved that counsel has noted wrong date. A lis between the parties should be decided at its own merits, as far as possible, after giving sufficient opportunities to both C.R. No. 7006 of 2009 2 the parties. While exercising supervisory jurisdiction of this Court under Article 227 of the Constitution of India, this Court is of the opinion that restoration application ought to have been allowed which was dismissed on the hyper technical ground. Petition is allowed. Impugned orders are set aside. Order dated 31.1.2001 dismissing the suit in default is recalled. Case is restored to its original number. Trial Court shall decided the case at its own merits in accordance with law. Parties shall appear before the trial Court on 30.11.2010. Petitioner shall pay cost of Rs. 5,000/- to the respondents within 15 days from today. (ALOK SINGH) 25.10.2010 JUDGE reena