VIJAY KUMAR Vs. CHAKODIRAMJANKI BAI

JUDGEMENT

(1.) BY the impugned order dt. 2.12.2000 in M.J.C. No. 38/2000 the application of defendants/appellants under Order 41 Rule 19 read with section 151 of CPC for setting aside the order of dismissal of appeal in default, has been rejected.

(2.) IT is not in dispute that the defendants -appellants filed an appeal before the learned lower appellate Court. It was fixed for hearing on 12.10.2000. On that date the defendants -appellants and their counsel remained absent, hence the appeal was dismissed. An application for setting aside dismissal under Order 41 Rule 19 CPC was filed on the ground that the daughter of appellant No. 3 was seriously ill and therefore he could not attend the Court, as he had taken his daughter to the hospital.

(3.) LEARNED counsel for appellants submits that the ailment of the daughter of appellant No. 3 Vinod Kumar had resulted in the inability of appellants to attend Court. It was also stated that the appellants in the disturbed mental state could not take proper steps to inform their counsel, resulting in the counsel also not appearing in the case. It is stated that the absence was not deliberate or intentional. It is further submitted that their cause would suffer seriously and they would be prejudiced in case the appeal is not restored and heard and decided on merits.