KURBAN ALI Vs. GOPALO

JUDGEMENT

(1.) The appeal has been filed under Order 41 of the Code of Civil Procedure against the order of the learned District Judge, Una, in Civil Misc. Application No. 96 of 1992 whereby he has rejected the application of the present Appellants for readmission of the appeal on the grounds that the said application was not maintainable since the appeal had been decided on merits.

(2.) An appeal was filed by the present Appellants against the judgment and decree dated 27.6.1991 passed by the learned Sub-Judge, Amb (I), whereby the suit of the applicants for declaration and injunction was dismissed. It appears that the applicants did not take steps for service of the Respondents and thereafter the learned District Judge, Una, passed an order dismissing the appeal on 6.6.1992.

(3.) An application was thereafter filed by the present Appellants for readmission of the appeal under the provisions of Order 41 Rule 19 Code of Civil Procedure. By that time, the Presiding Officer of the Court had changed. The successor Presiding Officer was of the view that vide the order quoted above, his predecessor had decided the appeal on merits and, therefore, were was no question of Order 41 Rule 19 Code of Civil Procedure being applicable. He, accordingly, dismissed this application vide order dated 28th November, 1992. According to him the remedy would be to file an appeal/revision.