Mpt CRA No.54/11 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL REVISION APPLICATION NO.54 of 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.Rajesh S Datar for the applicants CORAM : D.G. KARNIK, J DATE : 2nd February 2011 P.C. : 1. Heard Mr.Datar for the applicants. 2. The revision application is directed against an order dated 19 October 2010 allowing an application filed by the respondent (original plaintiff) for restoration of a suit. 3. The suit bearing RCS No.250/98 filed by the respondent for eviction of the revision applicant tenant was listed on board on 6 January 2006 and on account of the absence of respondent and his advocate was dismissed in default. An application for restoration was made under Order 9 Rule 9 of the Code of Civil Procedure by the respondent. After considering the evidence on record, the trial court has come to the conclusion that there was a sufficient cause for the respondent to be absent on 6 January 2006. The finding is a possible finding of fact requiring no interference in exercise of a revisional jurisdiction. Civil Revision Application is rejected summarily. (D.G. KARNIK, J.)