BALGOBIND MAHTO Vs. CHAMARI THAKUR

JUDGEMENT

(1.) LEAVE granted. Heard learned counsel for the appellants. In spite of service of notice, nobody has entered appearance on behalf of the respondents to contest the prayer made in this appeal. Title Appeal No. 39 of 1984 was dismissed for non-prosecution on 12th March, 1997. When an application for restoration of the same was filed, it was rejected. Thereafter, the said order was confirmed by the High Court in appeal filed by the appellant. Hence, this appeal by special leave.

(2.) HAVING heard learned counsel appearing on behalf of the appellants and perused the records, we are of the view that the appellate court should have restored the appeal to its original file.