UDDI Vs. MUKESH

JUDGEMENT

(1.) This Misc. Appeal under Order 43 Rule 1(t) of Code of Civil Procedure has been filed against the order dated 20.01.2014 passed by the First Additional District Judge, Tikamgarh in M.J.C. No.03/2008 by which the application filed by the appellants under Order 41 Rule 19 of C.P.C. for re- hearing of the appeal has been rejected.

(2.) It is the case of the appellants that the appellants had filed an appeal which was registered as Regular Civil Appeal No.13-A/2006 and the said appeal was listed for final hearing on 24.11.2008. Since one of the respondent namely Bhasua had expired, therefore, counsel for the appellants was busy in preparing an application for bringing his legal representatives on record but in the meanwhile, the appeal itself was dismissed for want of prosecution on 24.11.2008.

(3.) On 24.11.2008 itself, the appellants filed an application under Order 41 Rule 19 of C.P.C. for re-hearing of the appeal which has been rejected by the Court of First Additional District Judge, Tikamgarh by order dated 20.01.2014.