IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.302 of 2011 Date of decision : October 12, 2011 Shiv Ram …Petitioner. Versus Sohan Singh and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. J.R. Poswal, Advocate. For the Respondents : Mr. Malay Kaushal, Advocate, for respondent No.1. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. Petitioner, who is a plaintiff in a suit filed in the Court of Civil Judge (Junior Division), Bilaspur, filed an application, under Order 23 Rule 1 of the Code of Civil Procedure, seeking withdrawal of the suit, with leave of the Court to file a fresh suit, on the same cause of action. That application was listed for 15th March, 2007. When the matter was called on 15th March, 2007, nobody appeared for the plaintiff-petitioner and the suit was dismissed in default. An application was moved by the petitioner, for restoration of the suit, under Order 9 Rule 9 of the Code of Civil Procedure, for restoration of the suit. That application has also been dismissed in default, vide order dated 20th May, 2011, copy Annexure P-8. Whether reporters of the local papers may be allowed to see the judgment? …2… Petitioner has challenged this order, by means of the present petition, under Article 227 of the Constitution of India. 3. Petitioner has the remedy of seeking restoration of the application, by making an application, under Order 9 Rule 9, read with Section 141 of the Code of Civil Procedure. Hence, the present petition is dismissed. Petitioner may, if so advised, approach the trial Court for restoration of the application, under Order 9 Rule 9 of the Code of Civil Procedure. Petition stands disposed of. October 12, 2011(sd) ( Surjit Singh ), J