Aggrieved by the order restoring the suit which was dismissed for default, the defendant before the court below has come up with the Original Petition.
2. The grievance of the petitioner is that the suit was filed on 25.01.2012 and it was listed to 04.10.2013. On that day, the plaintiff was absent and the suit was dismissed for default. Ext.P1 restoration application was filed by the plaintiff to which Ext.P2 objection was filed by the petitioner herein.
3. The main grievance appears to be that it was without considering the objection filed by the respondent that the restoration has been ordered.
4. Even assuming it to be so, this Court finds that no prejudice has been caused to the defendant in the suit by having the suit restored to file and it is for the court below to O.P.(C) No.2080 of 2014 -2-
have the suit decided on merits. No injury is caused to the defendant by doing so also. It is significant to notice that the plaintiff is working outside and it may not have been possible for him to get leave on the particular day. There is no allegation that he has been continuously staying away from court whenever the case has been listed on earlier occasion.
Considering the totality of the circumstances, this Court finds no reason to interfere with the impugned order. Accordingly, this petition is disposed of.
Sd/-
P.BHAVADASAN JUDGE ds