GHULAM MUSTAFA Vs. SALEEM

JUDGEMENT

(1.) Heard Mr. Tapan Singh, the learned counsel appearing for the appellants and Mr. Pranav Singh, the learned counsel appearing for respondent nos.8 and 9.

(2.) It is an appeal against the order. The appellant being an appellant in Civil Appeal No. 26 of 2012 to the Court of 1st Additional District Judge, Roorkee, District Haridwar has assailed the order passed by the learned 1st Additional District Judge, Roorkee, dtd. 12/12/2018 dismissed his application under Order 41 Rule 19 read with Sec. 151 of the Code of Civil Procedure, 1908, hereinafter referred as the Code, for restoration of appeal.

(3.) It is not disputed that on 12/12/2012, the appeal was posted for hearing. On that day, the appellant could not remain present because of his old age, and, therefore, Appellate Court dismissed the appeal on the ground that nobody appeared for him.