KANTH SRI Vs. MUNNA

JUDGEMENT

(1.) LEAVE granted.

(2.) HEARD learned counsel appearing for the parties.

(3.) WE are informed by the learned counsel appearing for both the parties that Shri K.N. Mishra could not appear for the present respondents because he had not filed vakalatnama on behalf of the heirs and legal representatives of the deceased respondent. In fact, he had filed vakalatnama on behalf of the respondent, who subsequently died. That being the position, it is now admitted position that the second appeal was allowed without giving any opportunity of hearing to the respondents therein. We are, therefore, of the view that an opportunity should be given to these respondents to contest the second appeal in the High Court. The impugned order is, therefore, set aside, the appeal is restored to its original file and the matter is remanded back to the High Court for fresh disposal of the Second Appeal No. 1242 of 1980, after giving opportunity of hearing to the parties and passing a reasoned judgment in accordance with law.