JUDGMENT 1. - The appeal has been preferred as against the order dated 17.2.2007 passed by the Additional District judge (Fast track) No. 2, Bhilwara in Case No. 79/2006 dismissing the application field under Order 9, Rule 9 Civil Procedure Code for restoration of the case which was dismissed on 19.1.2005 in default. 2. The plaintiffs has filed a suit which was dismissed in default on 19.1.2005 under Order 9, Rule 8 Civil Procedure Code As soon as the plaintiffs came to know about dismissal of the suit, they filed application for restoration of the suit. It was submitted by the plaintiffs that they were not aware of the transfer of the case to the different Court. They were not informed about the transfer of the case. The application was opposed by the respondents on the ground that the application was preferred beyond period of limitation. There was gross negligence on the part of the plaintiffs in attending the case. The summons were issued by the Court for 19.1.2005 and the same were served upon the plaintiffs, but they did not appear. The trial Court has declined to restore the suit as the restoration application was filed with long delay and so sufficient cause was shown to condone the delay. Aggrieved thereby, the misc. appeal has been preferred. 3. The learned counsel for the appellants has submitted that there was no service of summon. Even if it is help that summon was served, it was for previous year and not for 2005. The plaintiffs are illiterate persons residing in rural area and they were having no knowledge about the transfer of the case. The suit was filed for claiming compensation on account of death of husband of plaintiff-Alol Bai. Interim compensation of Rs. 50,000/- was awarded on 12.1.2004. On 14.9.2004. the Presiding Officer was on leave. However, by order of District Judge dated 29.10.2004, the case was transferred to the Court of Additional District Judge (Fast Track) No. 2, Bhilwara and the case was put up in the link Court (Additional District Judge, Women Atrocities Cases, Bhiwara) on 3.11.2004. The link Court ordered to list the case on 17.11.2004 on which date, none of the counsel was present and therefore, notices were ordered to be issued to the parties. The link Court ordered to list the case on 17.11.2004 on which date, none of the counsel was present and therefore, notices were ordered to be issued to the parties. On 9.12.2004, the plaintiffs and defendants were not present as notices were not issued and the date was fixed for 19.1.2004 which was later on corrected as 19.1.2005. For 19.1.2005, no summons were issued or served' upon the plaintiffs. 4. The learned counsel for the respondents has supported the impugned order and submitted that restoration application was filed after one and half years. There was gross negligence on the part of the plaintiffs. 5. After hearing the learned counsel for the parties, it is apparent that plaintiffs are poor and illiterate persons residing in rural area. The summon, which was issued was for 19.1.2004, not for 19.1.2005 as found by the. trial Court itself. No summons were issued for 19.1.2005. Considering the change of the Court and since there was no proper notice of the case to the plaintiffs, restoration application ought to have been allowed. In the facts and circumstances of the case, sufficient cause was made out for non-appearance of the plaintiffs on 19.1.2005. Behind the back of the counsel the case was handed over to the different Court. Consequently, counsel also could not come to know about the same. In the circumstances of the case. It could not be said that there was negligence on the part of the plaintiffs so as to deprive them decision of the case on merits. 6. Thus considering the entire facts and circumstances of the case and nature of the suit, the impugned order is set aside and the restoration application filed under Order 9, Rule 9 Civil Procedure Code is ordered to be allowed and the suit is restored to its original number. The trial Court to ensure that suit is decided as expeditiously as possible.The misc. appeal stands allowed accordingly.Appeal allowed. *******