IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revison No.6908 of 2009 Date of decision: 26-11-2009 Jatinder Singh and another Versus Shri Durga Mata Mandir Sabha & Anr CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: Shri Sumeet Mahajan, Senior Advocate, with Shri Ekant Aggarwal, Advocate, for the petitioner. HEMANT GUPTA, J. Challenge in the present revision petition is to an order dated 26.10.2009 passed by the Trial Court whereby the suit dismissed in default on 29.3.2008 was ordered to be restored. Learned counsel for the petitioner has vehemently argued that the suit has been restored on the basis of the affidavit of the plaintiff. It is contended that such procedure adopted by the Trial Court is not tenable in law. It is the case of the plaintiff that the President of the plaintiff- society was not keeping goods health due to injury on his back. He was under the impression that date of hearing was 10.4.2008. An affidavit in support of such plea has been filed by the plaintiff. Such affidavit has been believed by the learned Trial Court and the suit has been ordered to be restored on payment of costs of Rs.2000/-. By restoring the suit of the plaintiff, the Trial Court has not decided any lis between the parties. The plaintiff is a registered society under the Societies Registration Act and has sought a decree for permanent injunction alleging therein that the property is being used for religious and charitable purposes. I do not find that in the previous suit being dismissed in default there was any attempt on the part plaintiff to delay the decision of the suit or there was any oblique motive in getting the suit dismissed in default and then seeking restoration of the same. The order passed by the Trial Court cannot be said to be illegal or unwarranted in any manner. Consequently, I do not find any patent illegality or material irregularity in the order passed by the Trial Court which may warrant interference by this Court in exercise of its revisional jurisdiction. Dismissed. (HEMANT GUPTA) JUDGE November 26, 2009 RSK