In Brief
A plaintiff's suit for declaration and injunction was dismissed for default, following which the plaintiff applied for restoration under Order IX, Rule 9 of the Code of Civil Procedure, 1908. The Trial Court and High Court rejected the restoration application, finding the plaintiff uninterested in pursuing the matter based on a single absence. The Supreme Court, reviewing the court register, found the plaintiff had attended nearly all prior hearings despite court delays. The Court held that consistent attendance demonstrates genuine interest and set aside the dismissals. The suit was restored and the Trial Court was directed to accord both parties adequate opportunity and expedite the trial."
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