SATPAL SINGH Vs. CHUNNI LAL

JUDGEMENT

(1.) This is an appeal by Special Leave against the judgment and order dated 23.5.2008 of the High Court of Judicature for Rajasthan, Jaipur Bench, in S.B. Civil Misc. Appeal No. 759 of 2002. We grant special leave and dispose of this appeal as hereunder.

(2.) The respondent herein, had filed a suit for eviction against the appellant in the year 1993. The suit was decreed by the Trial Court on 31.1.2001, granting possession of the suit schedule premises to the respondent.

(3.) The appeal filed against the said judgment and decree was dismissed for default on 19.4.2002 by the Additional District Judge due to non-appearance of the appellant and his learned counsel. The appellant then moved an application under Order 41, Rule 19 of the Code of Civil Procedure read with Section 5 of the Limitation Act, 1963 for restoration of the First Appeal No. 4 of 2001. The same was dismissed on 19.4.2002.