IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.187 of 2011 Nurjahan Versus Neshar Ahmad & Ors ---------------------------------- 3 1-12-2011 Heard Mr. Ramadhar Singh, advocate appearing on behalf of the petitioner and Mr. Siddarth Harsh, advocate appearing on behalf of opposite party no.1. This revision application has been filed assailing the order by which the suit, which had earlier been dismissed under Order 9 Rule 2 C.P.C. for non-compliance of the direction of the court below with regard to filing of summons etc., has been restored. It is the case of the petitioner that the restoration had been done without notice to the petitioner although she was present on the date when the dismissal order had been passed. The learned counsel appearing on behalf of the petitioner has strongly contended that the learned court below has committed material irregularity in not granting the petitioner an opportunity of hearing before restoring the suit. However, the learned counsel appearing on behalf of opposite party no.1 has contended that restoration under Order 9 Rule 4 C.P.C. can be done even without notice to the other side and this provision is an exception to the rule of natural justice. In this regard the learned counsel has relied upon a decision of this Court in Ram Kishore Agarwalla Vs. The Commissioner of Dhanbad Municipality, Dhanbad, reported in A.I.R. 1978 Patna 237. In view of the facts stated above and the submission of the learned counsel for opposite party no.1, there does not 2 appear to be any merit in this revision application. An Interlocutory application(I.A.No. 6370 of 2011) has also been filed for condonation of delay in filing this revision application. However, it appears from the record itself that the petitioner had already appeared in the suit after restoration and had filed her written statement almost five months earlier to the filing of this revision application. As such, there does not appear to be sufficient cause for condonation of delay. This civil revision application is, accordingly, dismissed. roy ( V. Nath, J.)