MOHD. SIDDIQ Vs. BRAHMA DUTT

JUDGEMENT

(1.) This second appeal is filed by Mohd. Siddiq and others against the order of Additional Commissioner dated 6-8-1992 rejecting their counter-restoration dated 23-31-1991 directed against the order dated 23-9-1991an order granting restoration of appeal and dismissing the suit as having abated by reason of issue of notification of consolidation.

(2.) The facts are : On 7-5-1939 Bhagwat Prasad and five others institute a lawsuit under Sec. 229-B, Z. A. and L. R. Act in the court of Assistant Collector, First Class, Phulpur, Allahabad. The facts comprising a claim to bhumidhari right have been set forth. On 28-2-1987 the suit is dismissed in default of appearance.

(3.) On 1-6-1989 a motion of restoration by Brahma Dutt and two others substituted in place of deceased Bhagwat Prasad, plaintiff. It is alleged their father has fallen ill and had gone to Bombay for treatment. On 16-5-1989 he dies. Hence he could not appear on the date posted for hearing. After all this was over they came to Allahabad to become aware of order of dismissal. The relief to set aside the order dated 28-2-1987. Also an affidavit and & separate application under Sec. 5 Indian Limitation Act.