NARBAD SINGH Vs. SAHDEV

JUDGEMENT

(1.) This civil revision is directed against order dated 15.5.2013 passed by the Court of Additional District Judge, Mandla, in Civil Suit No. 32 -A of 2012 whereby the respondent's applications under Order 22 Rule 9 of the CPC (I.A. No.3), Order 22 Rule 4 of the CPC (I.A. No.4) and Section 5 of the Limitation Act (I.A. No. 6) were allowed and application under Order 1 Rule 10 of the CPC (I.A. No. 5) was dismissed.

(2.) The facts giving rise to this civil revision may briefly be stated thus: -

(3.) It was submitted on behalf of the appellants (respondents before this Court) that the appellant Sahdev was entrusted with the responsibility of prosecuting the appeal. He sometimes used to come to Mandla and to contact his lawyer. Appellants Sahdev and Kashiram being poor persons, left their village -Ghutena, Tehsil -Shahpura of District -Mandla and migrated to different places in Jabalpur district in pursuit of their livelihood. The slip given by learned counsel for the appellants which contain the date of hearing in the appeal as also telephone number of learned counsel for the appellants, got washed with the clothes and was thus lost; therefore, appellant Sahdev could not contact his advocate. In aforesaid circumstances, the appellants were not aware that the respondent had given intimation of death of respondent Fuliabai, to their counsel.