HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 4387 OF 2010 ORAL ORDER: Challenging the order dated 20.8.2010 passed by the Principal District Judge, in I.A.No. 1942 of 2010 in A.S.No. 125 of 2010, the present Civil Revision Petition is filed. I.A.No. 1942 of 2010 was filed under Order 9 rule 7 of CPC seeking to set aside the ex-parte order dated 1.6.2010 and that I.A was allowed. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner contended that the lower court ought to have held that the affidavit filed is false and ought to have taken into consideration the judgment filed on behalf of the petitioner and dismissed the restoration petition for filing false affidavit. As seen from the record, the court below clearly observed that the affidavit of the petitioner-respondent disclosed that the clerk committed a mistake in noting down the date of adjournment and if the same is true, it is sufficient cause which is beyond the control of the petitioner-respondent and accordingly allowed the petition by setting aside the ex parte order 1.6.2010. Therefore, I see no reasons to interfere with the order passed by the Court below and the Civil Revision Petition fails and is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J DATE: 4.02.2010 KA