S.B. CIVIL WRIT PETITION NO.3762/2006 Raj Kishore Vs. LRs of Late Sh. Suraj Prakash. Date : 28.03.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.K. Rathi for the petitioner. Mr. P.K. Lohra for the respondents. --------- Heard learned counsels. This writ petition is directed against the order dated 4.12.2004 rejecting the application under Order 9 Rule 9 C.P.C. of the present petitioner under Section 276 of Hindu Succession Act. The main ground for delay and dismissal of the application in default of appearance appears to be the death of the counsel Mr. Vinayak Joshi, who appeared for the petitioner. Learned counsel for the respondent, however, opposed the submissions of the learned counsel for the petitioner and submits that adjournments were taken by the petitioner in the trial court. Be that as it may on the basis of the facts and circumstances of the case, this Court is of the opinion that the trial court ought to have restored the application under Section 276 of the Hindu Succession Act and decided the case on merit. Accordingly this writ petition is allowed and setting aside the order dated 4.12.2004, the matter is restored back to the learned trial court for deciding the application under Section 276 of the Hindu Succession Act on merit. [ DR. VINEET KOTHARI ], J. item No.39 babulal/-