JIT SINGH Vs. DHIAN SINGH

JUDGEMENT

(1.) THIS appeal under Order 43 Rule 1(t) is directed against the order dated 18.03.2014 passed by learned Additional District Judge (II), Una, in Civil Miscellaneous Application RBT No. 22/13/08, whereby the application preferred by the appellants under Rule 19 of Order 41 of the Code of Civil Procedure has been dismissed.

(2.) IT is not disputed that the appellants had preferred an appeal against the judgment passed by the learned trial Court which was registered as Civil Appeal RBT No. 210/04/2000 and was taken up for hearing on 07.04.2008 and the same was dismissed in default due to non -appearance of the appellants or their counsel. Thereafter, an application for restoration of the appeal along with an application under Section 5 of the Limitation Act for condonation of delay in filing of the application under Order 41 Rule 19 CPC was preferred on 29.09.2008. Para -2 of the application reads thus: -

(3.) PARA No. 4 of the application is wrong and denied.