S.B. CIVIL REVISION PETITION NO.100/2007 Raj. State Mines & Mineral Ltd. Sanchor Vs. Raj Plaster Udhyog, Haliwav, Sanchore & Anr. Date of order : 15th September, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Amit Mehta for Mr. M.R. Singhvi for the petitioner. Mr. Mahesh Thanvi for the respondents. --------- 1. Heard learned counsels. 2. This revision petition is directed against the order dated 18.1.2007 whereby the restoration application of the plaintiff under Order 9 Rule 4 C.P.C. was rejected by the learned trial court. 3. The reasons assigned for non-appearance on 28.10.2003 is that on account of the officer incharge of the plaintiff Mr. M.M. Vyas remaining on leave due to Deepawali and thereafter death of his brother he did not pursue the said suit through the Advocate and, therefore, the suit came to be rejected in default of appearance. The learned trial court has also found that earlier also the suit was rejected for want of appearance on 22.7.2000 which was restored on 24.5.2002 and, therefore, there was no justification for restoring the suit again. 4. Having heard learned counsels, this Court is of the opinion that in the interest of justice and in view of the reasons given by the plaintiff, the suit deserves to be restored subject to payment of cost of Rs.1000/- by the plaintiff-petitioner to the defendant. 5. Accordingly, this revision petition is allowed and the impugned order dated 18.1.2007 is set aside and the suit is restored to the learned trial court subject to payment of cost of Rs.1,000/-. 6. Record be sent back. [ DR. VINEET KOTHARI ], J. item No.30 babulal/-