URMILA DEVI Vs. RAJKUMARI

JUDGEMENT

(1.) THE instant appeal was heard and decided on 29th April, 2014. As none had appeared for appellant, Shri R.K. Mishra, counsel for respondent No. 1 to 6/plaintiffs has entered appearance. This Court has decided the appeal on merits.

(2.) THEREAFTER , the appellant filed a review petition bearing No.253/ 2014 seeking review of the judgment and decree passed by this Court on the premise that on the day, the appeal was posted for consideration, counsel for the appellant Shri Ashish Shrivastava was on adjustment and in absence of the appellant or his counsel, appeal could not have been decided on merits. At the most, it could have been dismissed in default in light of provisions as contained in Order XLI rule 7 CPC.

(3.) NOTICES in that review petition were issued on 10.7.2014 and thereafter on 10.10.2014, after hearing counsel for appellant and respondents, the review petition was allowed with further direction that judgment and decree dated 29.4.2014 passed in Second appeal No.37/2011 is recalled and consequently, second appeal is restored to its original number for further orders.