(1.) This first appeal from order has been filed against an order passed by the Additional Civil Judge, Orai, by which an application under Section 151 Civil Procedure Code for restoration of an appeal was dismissed.
(2.) What happened was that a date was fixed for the hearing of the appeal and information of the same was given to the appellant's counsel Sri Ramadhar Sharma. But neither he nor the appellants appeared on the date of hearing and the appeal was consequently dismissed for default on 25-5-1962. An application for restoration of the appeal was moved on 28-8-1962 and it was then contended that limitation for restoration of the appeal as prescribed under Article 168 of the Limitation Act had expired and that the provisions of Section 151 Civil Procedure Code could not be availed of. These contentions were accepted by the Civil Judge and the application was dismissed.
(3.) On facts the position is that intimation of the date fixed for the hearing of the appeal was given to the appellant's counsel and, as has been pointed out by the Civil Judge, under Order III, Rule 3 Civil Procedure Code a process served on a recognised agent of the party would be deemed to be sufficient service on the party itself. It would, therefore, be believed that the appellants had information of the date fixed for the hearing of the appeal and were not present in spite of it.