HEMLATA PANDA Vs. SUKURI DIBYA

JUDGEMENT

(1.) The respondent had filed a suit for declaration of title and confirmation of possession and in the alternative for recovery of possession. The suit was dismissed by the Munsiff's Court on 12-12-1977.

(2.) The appeal filed against the said suit, thereafter, was dismissed in default on 9-5-1980 by the Subordinate Judge due to non-appearance of the counsel for the respondent. The respondent then moved an application under Order 14 Rule 19 of the Code of Civil Procedure for restoration of the appeal but the same was dismissed on 14-4-1981.

(3.) The respondent then filed an appeal under Order 43 Rule 1 Civil Procedure Code read with Section 104 challenging the correctness of the order dated 14-4-1981. This appeal was dismissed vide judgment dated 1-2-1983. A letters patent appeal was filed whereby the order of 1-2-1983 of the learned Single Judge was sought to be challenged. An objection was raised with regard to the maintainability of the said letters patent appeal but the Division Bench came to the conclusion that the letters patent appeal was maintainable and, on merits, it set aside the order of the courts below and restored the appeal of the respondent before the Subordinate Judge.