1 S.B. Civil Misc. Appeal No.1901/2006 Lakh Singh & Ors. vs. State of Raj. & Ors. S.B. Civil Misc. Appeal No.1901/2006 Lakh Singh & Ors. vs. State of Rajasthan & Ors. Date : 15.12.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Sajjan Singh, for the appellants. Ms.Ajanta Saraswat, for the respondents. - - - - - Heard learned counsel for the parties. The appellants/plaintiffs' suit was dismissed in default on 16.12.2005 upon which the appellants submitted application under Order 9 Rule 4 CPC which was dismissed by the trial court on 5.10.2006 on the assumption that the plaintiffs already took two opportunities for producing evidence and they could not have got third opportunity, therefore, they got suit dismissed in default so that they may get restoration of the suit. On the face of it, it appears that the trial court proceeded on mere assumption that what the plaintiffs might have thought and acted instead of appreciating the fact that in total two opportunities were granted to the plaintiffs for producing evidence 2 S.B. Civil Misc. Appeal No.1901/2006 Lakh Singh & Ors. vs. State of Raj. & Ors. and on the third day, the plaintiffs' representative could not appear in the Court due to his personal reasons. In the facts of the case, a lenient view should have been taken by the trial court and restored the suit where the suit was filed in a representative capacity for alleged public interest. In view of the above reasons, this appeal is allowed and the impugned order dated 5.10.2006 is set aside and the suit no.3/2006 (Lakh Singh & Ors. vs. State of Raj. & Ors.) is restored to its original number. Both the parties are directed to appear before the trial court on 12.1.2009. (PRAKASH TATIA), J. S.Phophaliya