KAVIRAJ RAI Vs. SHEO DARSHAN DASS

JUDGEMENT

(1.) This is an application in revision against an order of the Civil Judge Basti, re-admitting an appeal against the applicant.

(2.) The appeal was dismissed in default on 16-2-1918. Application for re-admitting it was made on 21-3-1948.

(3.) It was alleged in the application and was supported by an affidavit that the appellant opposite party waited till late in the day on 17-12-1947 to know the next date fixed for the hearing, that no date was fixed and he went away, leaving instructions with his counsel's clerk to inform the date to be fixed in the case, that he did not know that the appeal was fixed for hearing on the 16th February and that he learnt about the dismissal of the appeal on 27-3-1946. Ho further alleged in the application that he was told by the clerk, that a post-card had been sent to him communicating the date of hearing, but that he did not receive it. The respondent applicant objected to the re. admission of the appeal, stating in the objection that the reasons mentioned in the application were baseless and that the application was filed beyond time.