S.K. Gangele, J.@mdashHeard. This petition has been filed against the order dated 17-04-2009 (Annexure P-1). By the aforesaid order, the trial Court dismissed the application filed by the petitioner u/s 5 of the Limitation Act. Consequently, the appeal was also dismissed. An application was also filed under Order 9 Rule 4 of CPC for restoration of civil suit No. 10/09, which was dismissed for non appearance.
2. It is submitted that the petitioner/plaintiff is a blind person. His case was dismissed on 20-01-2005 due to absence of the petitioner and his counsel. The petitioner came to know about the aforesaid fact on 26-07-2007 and thereafter, he filed an application for restoration of the suit. Alongwith the application, he also filed an application u/s 5 of the Limitation Act to condone the delay in filing the application under Order 9 Rule 4 of Civil Procedure Code. He pleaded in the application that he is a blind person and he was dependent on his brother-Sohan Singh. However, he was not present before the Court, neither the counsel of the petitioner was present before the Court, hence, the suit was dismissed. The delay in filing the application is bona fide, but the aforesaid application was rejected by the Court. Looking to the matter of the case, in my opinion, the application deserves to be allowed. Consequently, the petition is allowed. Impugned order dated 17-04-2009 (Annexure P-1) is hereby quashed. The applications filed by the petitioner under Order 9 Rule 4 of CPC and u/s 5 of Limitation Act are allowed subject to costs of Rs. 1,000/- (Rupees One Thousand Only). Ex parte proceeding is hereby quashed. Civil Suit No. 10/09 is restored to file.
