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Chajuram & Anr. vs. Parasram & Ors.

46.00 4.60

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Code of Civil Procedure, 1908–Order 9, Rule 9–Restoration of suit–Appreciation of–Suit for partition–Observation of trial Court that the plaintiff have assigned a reasonable cause that due to having talks of compromise between the parties and being out of city, they could not appear for their evidence–Application was well within limitation from the date of having knowledge of dismissal–Neither any malafide on part of plaintiffs nor any advantage was taken by them–Considering the nature of suit of the suit for partition, it was rightly restored.