1. This order will disposed off an application filed by complainant/petitioner for the restoration of the complaint dismissed for want of prosecution vide order dated 01-07-09 when the case was fixed for exparte evidence. It is contented that on the date of hearing complaint was out side country and his counsel could not attend the court due to sickness of his father.
2. I have heard the counsels for the parties.
3. Although the application has been vehemently opposed by the respondents but Law always favours decisions of cases on merit. No one should be condemned unheard therefore the application is allowed, however subject to payment of cost Rs. 1000/-. The complainant case titled above is ordered to be restored. The next date of hearing the case is fixed as 30-09-09. This file be consigned to the record after its due completion.