C.R. No. 4739 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4739 of 2008 (O&M) Date of decision: January 7, 2009 Mohinder Sain .. Petitioner v. Inder Sain and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Vivek Suri, Advocate for the petitioner. Mr. Ashish Aggarwal, Advocate for the respondents. .. Rajesh Bindal J. Prayer in the present petition is to the order passed by the learned court below, whereby the application filed by the petitioner for restoration of the suit, which was dismissed in default, was dismissed. Briefly, the facts are that the petitioner filed a suit for permanent injunction, which was dismissed in default on 16.3.2007. Application for restoration thereof was filed on 22.3.2007, which was dismissed finding the cause shown by the petitioner to be not bonafide. Learned counsel for the petitioner submitted that non-appearance of the petitioner on the date fixed was not intentional but was for the reasons beyond his control. He further submitted that though the respondents had stated that they had no objection to the acceptance of the prayer made in the application for restoration of the suit, as is recorded in order dated 5.12.2007, but still the application was dismissed by finding the cause shown to be not bonafide. Even before this Court today, learned counsel for the respondents was not very serious in opposing the prayer for restoration of the suit which is a lis between the brothers. Though every litigant has to be vigilant once he approaches the Court by filing a suit or defending a suit against him, however, merely for one default which can be for many reasons beyond the control of a person, he should not be deprived of the decision of his claim on merits, especially when the application for restoration of the suit, which was dismissed in default on 16.3.2007, was filed C.R. No. 4739 of 2008 [2] within a week thereof. Considering these facts and also the fact that even the respondents are not seriously objecting to the prayer of the petitioner being granted, I deem it appropriate to set aside the impugned order dismissing the application for restoration of the suit and accept the prayer made in the application. Accordingly, the suit filed by the petitioner is restored to its original number. However, that shall be subject to payment of Rs. 5,000/- as costs to the respondents which shall be paid on the next date of hearing before the Court below. Parties through their counsels are directed to appear before the court below on 18.2.2009 for further proceedings. (Rajesh Bindal) Judge 7.1.2009 mk