JAIBHARAT TRADING CO. Vs. SRI SRI GOPALJI THAKURJI

JUDGEMENT

(1.) This Rule was issued for restoration of an appeal dismissed for default in the matter of filing paper -books. The appeal was dismissed for default under the order of this Court, dated December 13, 1963. This dismissal took place under the following circumstances:

(2.) When on May 8, 1963, the connected Civil Rule No. 3342F of 1962 was made absolute, restraining the opposite party from executing the ejectment decree under appeal on certain terms, there was an order for expeditious hearing of the appeal and filing of paper -books. In terms of that order the paper -books were due to be filed on September 4, 1963. There having been default in this respect the matter was placed before the Bench on September 11, 1963, for orders when time was given to the Appellant to file the paper -books within two weeks after the Puja vacation. In default, the matter was directed to be put up for final orders. In pursuance of this direction, the case appeared on the list for final orders on December 13, 1963, and, on that day, the following order was recorded by the Court:

(3.) As a result of this order, the appeal stood dismissed as the paper -books were not filed within the time, finally granted for the purpose as aforesaid. On January 7, 1964, an office note appears in the order book that, as the paper -books had not been filed, the appeal stood dismissed. The matter stood in that position until June 22, 1965, when Civil Rule No. 2121F of 1965 was issued on the application of the Appellant for restoration of the appeal. That Rule eventually came up for hearing on February 23, 1966, when it was discharged because of insufficient materials, but liberty was given to the Appellant to file a fresh petition with better particulars. Under this leave the present Rule was obtained on March 22, 1966.