KHURSHIDBEE Vs. AYUBKHAN

JUDGEMENT

(1.) The claimants have filed this appeal under Order 43, Rule 1 of the C.P.C. read with Section 30 of the Workmen's Compensation Act against the rejection of their restoration application vide order dated 17/05/1999 in MJC No. 18/1996.

(2.) The brief facts of the case are that, the claimants had filed one claim petition under Workmen's Compensation Act, which was registered as Case No. 76/1986 and the same was dismissed on 22/01/1996 by the Commissioner, Workmen's Compensation. The claimants filed an application for restoration on 13/06/1996 on the ground that the case was dismissed due to mistake of the counsel as the counsel has noted wrong date, as 13/02/1996, therefore, he could not appear on 22/01/1996. The Trial Court dismissed the application on the ground that the case was pending for evidence from March 2, 198 9/01/1996 and during this period the counsel has not produced any evidence. The case was dismissed at 5.00 P.M.

(3.) I have heard learned counsel for the parties and perused the record.