SHANTI SWAROOP GOEL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The first appeal from order is directed against the order dated 1.7.2005 passed by Additional District Judge, Court No. 5, Agra, dismissing the application filed by the appellant to recall order dated 30.7.2004, dismissing the appeal in default.

(3.) The facts are that a suit was filed by the appellant against the State of U.P. and Collector, Agra, seeking permanent injunction to restrain them from realizing a sum of Rs. 1,98,675 through coercive measure in pursuance, of the order dated 25.9.1986, passed by officer-in-charge, Mines. The said suit was dismissed by the trial court vide judgment dated 25.9.1988. The plaintiff-appellant filed First Appeal No. 917 of 1988 before this Court. The appeal was admitted and a conditional interim order was passed restraining the defendants-respondents from recovering the amount subject to the appellant furnishing security of the said amount other than cash and bank guarantee. In August, 1996, due to change brought in the pecuniary jurisdiction the appeal was transferred back to the District Judge, Agra and was renumbered as Civil Appeal No. 282. of 1996 and remained pending. The appeal came to be dismissed in default for non-appearance of the appellant on 30.7.2004. An application duly supported by an affidavit was filed by the appellant to recall the order dated 30.7.2004. It was stated therein that on account of illness the appellant could not present himself when the case was called out and as such it was dismissed in default.