RAMESH GOVINDA MALI Vs. RAOSAHEB PUNJABA KARALE

JUDGEMENT

(1.) This Appeal from Order is filed challenging the Judgment and Order dtd. 25/10/2017 passed by the District Judge-1, Vaijapur thereby dismissing in default M.A.R.J.I. No. 5/2016 filed by the present applicants seeking restoration/re-admission of Reg. Civil Appeal No. 1/2015.

(2.) The present applicants had challenged the judgment and decree passed in Reg. Civil Suit No. 157/96 by way of Reg. Civil Appeal No. 1/2015. When the said Reg. Civil Appeal came up on board for hearing, nobody turned up on behalf of the applicants and hence the appeal was dismissed in default on 11/12/2015.

(3.) The applicants herein thereafter filed M.A.R.J.I. No. 5/2016 on 27/1/2016 thereby praying that the appeal be re-admitted by an appropriate order and suitable order in the interest of justice be kindly passed. The said application was filed under the provisions of Order 41 Rule 19 of the Code of Civil Procedure [hereinafter referred to as 'CPC']. Respondents therein had filed their reply to the said M.A.R.J.I. and opposed the same. The District Judge-1, Vaijapur heard the parties and by it's judgment and order dtd. 25/10/2017 dismissed the M.A.R.J.I. application holding that the applicants were prevented by sufficient cause from attending the court proceedings, but M.A.R.J.I. was not within limitation and no prayers for condonation of delay was made.