Civil Revision No.6532 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6532 of 2010 (O&M) Date of decision: 13.12.2010 Kamal ....Petitioner Versus Central Board of Secondary Education, Delhi ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Sanjay Verma, Advocate, for the petitioner. Mr. Aseem Aggarwal, Advocate, for the respondent. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Suit was dismissed in the absence of the plaintiff and his counsel for non-prosecution vide order dated 8.6.2009. Application under Order 9 Rule 9 CPC was moved by the plaintiff for recalling the order dated 8.6.2009 and to restore the suit at its original number on the ground that his counsel has noted the wrong date i.e. 6.11.2009 instead of 8.6.2009, hence could not appear on the said date. In the peculiar facts and circumstances of the case, in the opinion of this Court, reasons assigned for restoration of the suit are sufficient. Keeping in mind, the golden rule that none should be given walk over and lis between the parties, as far as possible, should be decided at its own merit after affording sufficient opportunities to both the parties to place on record entire evidence and material, I direct that Civil Revision No.6532 of 2010 (O&M) -2- order dated 8.6.2009 as well as impugned order dated 20.9.2010 stand quashed. Suit shall stand restored to its original number. Parties are directed to appear before the trial Court on 20.1.2011. Trial Court thereafter shall proceed with the case in accordance with law. Plaintiff shall pay Rs.5,000/- as cost to the defendant/respondent before the next date fixed before the trial Court. (Alok Singh) Judge December 13, 2010 R.S.