MANMAL KOTHARI Vs. SHREE SREE RADHA RAMAN JEW

JUDGEMENT

(1.) The contention of the petitioners in the instant application is that the appeal of the petitioners was dismissed on 16th January, 1998. The petitioners applied for certified copy of the judgment on 6th February, 1998. It may be noted that for several days in the first week and third week of February, 1998, this court was closed. The appellant has not yet received the certified copy.

(2.) The case of the appellant is that on 16th January, 1998, when the judgment was delivered by the Division Bench, the appeal of the petitioners was not listed. A cause list of 16th January, 1998 of the said Division Bench has been produced before us. It cannot be disputed from the said list that the petitioners' matter did not appear in the cause list on that date. It is quite true that several appeals came up before the Division Bench against the said order of the learned single Judge, but these appeals were heard one after another. The Division Bench, however, on the basis of a common judgment, disposed of the matter of the petitioners, although the petitioners' matter did not appear in the list on that day. It is also the submission of the petitioners that the petitioners have made out a different case from that of the other appellants.

(3.) Be that as it may, we are not going into that controversy. The question remains that the petitioner could not avail the opportunity to appear on that day, that is, on 16th January, 1998, to be present, when the said judgment was delivered by the Division Bench.