Pooranchand Mulchand Jain vs Komalchand Beniprasad Jain on 11 July, 1961
However, when the case was heard by the Additional District Judge on remand, it was contended that the application could not be enquired into on the ground that it was barred by res judicata in view of the Order of the High Court dated 21-4-1960 passed in Letters Patent Appeal No. 13 of 1960. This objection was overruled by the trial Court by its order dated 21-2-1964. It held that in view of the Order of the Division Bench in Civil Revn. No. 39 of 1961 reported in Pooranchand v. Komalchand, AIR 1962 Madh Pra 64 no appeal lay from an order dismissing in default an application for restoration of a suit dismissed for default and that consequently the order of the High Court in Letters Patent Appeal No. 13 of 1960 could be of no avail to the defendant-applicant, especially when there was an express order of the High Court in Civil Revision No, 39 of 1961 directing it to enquire into the application dated 22-4-1959 for restoration of the suit dismissed for default. Ultimately, on 31-3-1964, the trial Court allowed the application dated 22-4-1959 and restored the suit to file holding, inter alia, that there was sufficient cause for the plaintiff-non-applicant's non-appearance in court on 22-4-1959 on which date his suit had been dismissed for default of his appearance.