INDU BHUSHAN Vs. MUNNA LAL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Allahabad High Court dismissing the appeal filed by the appellant. In the said appeal the order passed by 11th Additional District & Sessions Judge, Varanasi, rejecting the application filed by the appellant for restoration of the appeal in terms of Order XLI Rule 21 of the Code Of Civil Procedure, 1908 (for short 'CPC') was rejected.

(3.) Background facts in a nutshell are as follows: