CR No. 4678 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 4678 of 2010 Date of decision: - 8.11.2010 Nanak Singh and another ......petitioners vs. Tek Singh and ors ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Tejinder Pal Singh, Advocate for the petitioners Ms. Malkiat Mann, Advocate for respondents No. 2 and 3. HEMANT GUPTA, J (ORAL) Plaintiff-petitioners are aggrieved against the order passed by learned trial Court on 9.3.2010 whereby an application for restoration of the suit dismissed in default on 20.3.2009 was dismissed. Learned trial Court has found that the case was fixed for the evidence of the plaintiffs but as the evidence of the plaintiff was not available, the suit got dismissed in default. After hearing learned counsel for the parties, I am of the opinion that the reasoning given by the learned trial Court cannot be said to be in correct but keeping in view the interest of justice and the fact that the parties should be permitted to seek adjudication on merits and not on technicalities, the order passed by learned trial Court on 9.3.2010 is set aside subject to payment of Rs. 3,000/- as cost. If the petitioners pay the cost so imposed upon them on or before the date fixed, the suit shall stand CR No. 4678 of 2010 -2- restored to its original number and the order dated 20.3.2009 shall be deemed to be set aside. The said restoration of the suit is subject to further condition that the plaintiff-petitioners shall lead their entire evidence on the date to be fixed by learned trial Court. If the plaintiffs fail to lead their entire evidence on the date fixed, the learned trial Court shall proceed with the suit on merits according to law. Parties are directed to appear before learned trial Court on the date fixed i.e. 13.12.2010, on which date, the petitioner shall pay the cost. The failure to pay or deposit the cost shall not entitle the petitioner to any other opportunity for the purpose. Disposed of in the above terms. (HEMANT GUPTA) JUDGE 8.11.2010 preeti