LAXMI CHAND Vs. IST ADDITIONAL DISTRICT JUDGE MUZAFFARNAGAR

JUDGEMENT

(1.) -This writ petition is directed against the order dated 3.9.1993, passed by Ist Additional District Judge, Muzaffarnagar, dismissing the application 3C to recall the order dated 10.7.1992 dismissing the Misc. Case No. 15 of 1992 in default.

(2.) JAI Chand filed a Suit No. 587 of 1987 in the Court of Munsif, Muzaffarnagar for permanent injunction. The suit was decreed on 11.5.1980. Jagdish Prasad and others filed Civil Appeal No. 80 of 1984. This appeal was dismissed in default on 16.10.1985. A restoration application for restoring the appeal was rejected in Misc. Case No. 18 of 1988.

(3.) SRI K. K. Sangloo, learned counsel for the petitioner, urged that application for restoration was supported by uncontroverted affidavit. The opposite party did not file any counter-affidavit denying the facts stated in the affidavit. It was not open to the appellate court to ignore uncontroverted affidavit and dismiss the restoration application.