SANT SINGH Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) THIS writ petition is directed against the judgment of District Judge Ballia, dated 13-11-76 dismissing the restoration application.

(2.) IT appears from the order sheet which is annexure 3 to the present writ petition that on 12-4-76 the deficiency in court fee was made good and the case was ordered to be listed on 20-4-76. On the latter date a direction was made that information be sent for argument of the case fixing 7-7-76. On 7-7-76 the appeal was dismissed in default.

(3.) FOR the reasons given above, the writ petition succeeds and the impugned order dated 13-11-76 is hereby quashed and the appellate authority is directed to hear the appeal on merits after giving due notice to the appellant as well as his counsel. No order as to costs. Petition allowed.