KUSUM BAI Vs. RAJAN JASHWANI

JUDGEMENT

(1.) APPELLANT 's application under Order 41 Rule 19, CPC for restoration of Civil Appeal No. 24 -A/1990 has been dismissed by the impugned -order dated 31.8.1998 in MJC No. 2/1994 by II Additional District Judge, Shahdol. In this appeal, the said order is under challenge.

(2.) THE appellant had preferred the said Civil Appeal No. 24 -A/1990 before the lower appellate Court. It was fixed for final hearing on 5.5.1994. On that date, the counsel for the appellant pleaded no instructions. Hence, the appeal was dismissed by the lower appellate Court. The appellant filed an application for restoration under Order 41 Rule 19, CPC. It was stated therein that she could not appear on account of ailment of her husband, who was asthmatic and because of preoccupation with her family work.

(3.) IN view of above, the appellant could remain present at the time of hearing, and in any case she could have intimated her counsel regarding her inability. She has not done so. The second ground of preoccupation with family work is in very vague and general terms. No particulars have been given as to what was the work in which she was so preoccupied and could not attend the hearing of the case or had no time even to intimate her counsel.