(1.) Heard learned counsel for the parties.
(2.) By means of this writ petition filed under Article 227 of the Constitution of India, petitioner has challenged the order dtd. 10/6/2024 passed by the learned District Judge, Chamoli in Miscellaneous Civil Case No.29 of 2023 Chakradhar Singh Vs. State of Uttarakhand, whereby, the application moved by the petitioner/appellant-applicant under Order 41 Rule 19 read with Sec. 151 CPC was rejected.
(3.) The facts of the case shorn-off unnecessary details are that a Miscellaneous Civil Appeal No.12 of 2019 Chakradhar Singh Vs. State of Uttarakhand, was pending consideration in the Court of District Judge, Chamoli since 2019. When the case was fixed on 21/9/2023 for argument, no one remained present from the side of the appellant and the matter was adjourned to lunch. But, despite on revised call, no one has appeared on behalf of the appellant even after lunch. Consequently, the appeal of appellant (petitioner herein) was dismissed in default.