DHUSEI ALIAS DHUSASAN BEHERA Vs. BABAJI SETHI

JUDGEMENT

(1.) This is an application challenging the order of the appellate Court confirming the order of the trial Court refusing to set aside an ex parte decree.

(2.) DURING pendency of this Civil Revision, the opposite party Babaji Sethi expired. An application for substitution was made and was allowed. Opposite party No. 1 (c) Jamuna Sethi, daughter of the deceased Babaji was a minor. Since the natural guardian of Jamuna did not appear in this Court to represent her cause he was discharged and the petitioner was called upon to deposit the guardian cost for appointment of a Court guardian. By order dated 23 -12 -1933, opportunity was given to the petitioner to deposit the guardian cost by 15ch January, 1984, with direction to face the consequence of dismissal of the Civil Revision as against the minor on failure to deposit the costs within time granted. The guardian cost not having been deposited within the time granted and no steps having been taken for extension of time, the Civil Revision stood dismissed as against the minor. The effect of dismissal of the Civil Revision is that the decree so far as her interest became final.

(3.) IN the result, the Civil Revision is dismissed. No costs.