BHUTUN Vs. RAJA RAM

JUDGEMENT

(1.) THIS restoration application has been filed against the order of the Board dated 29-11-88 by which the appeal was dismissed in default under Order XLI, Rule 18 C. P. C.

(2.) HEARD the learned Counsel for the revisionist.

(3.) THE present appeal has been filed before the Board of Revenue by Bhutun, Dasrath, Rama Shanker, Phagu Lal. Sri Bhutun has filed a medical slip of November 2001 and it has been alleged in the affidavit that he is suffering from long illness since 1987 and he is running under continuous treatment in Civil Hospital sultanpur. If he was going to Hospital in Sultanpur since 1987 he should have filed the documentary prove that he is under the treatment of the above hospital since 1987 but he has not filed any single slip. THErefore this contention of the applicant that he was continuously ill since 1987 is not proved by the documentary evidence. Secondly, before the Board of Revenue there were four appellants and if Bhutun was ill there were three other appellants who could have tried to know the position of their case which was pending since 1985 and which was dismissed on 29-11-88 in non compliance of the Court's order. THE other contention of the applicant is that previous Counsel Sri B. D. Pandey died long before in 1985 is also not correct because Sri B. D. Pandey was present in the Court on 18-12-85 and on that date the case was admitted for hearing and Court has directed to file notices but the orders of the Court were not complied. THE village is now under consolidation operation and the matter is being contested between the parties before the consolidation authorities. THErefore this restoration application is highly time barred and has no merit.