AIR 2001 HIMACHAL PRADESH 13 ::(2002) 1 BankCLR 343

Himachal Pradesh High Court

Hon'ble Judge(s): Surinder Sarup , J

Civil P.C. (5 of 1908) , O.9 R.4— Dismissal of suit in default - Order passed ex parte - Neither plaintiff or his counsel nor defendant or his counsel were present - Restoration of suit - Prior notice to defendant, not necessary - Defendants having been proceeded ex parte for not putting in appearance cannot also question propriety of order of Court condoning delay in moving application for restoration of suit. AIR 1917 PC 179, AIR 1942 Cal 606, AIR 1975 P and H 1 (FB) and AIR 1974 Gau 50 Disting.AIR 1952 All 749, AIR 1986 P and H 300, AIR 1987 Delhi 74, Rel. on. (Para 14)