KAPILDEO SINGH Vs. HARI SINGH

JUDGEMENT

(1.) Title Suit No. 83 of 1975 was dismissed. Plaintiffs, therefore, filed Title Appeal No. 123 of 1978 which was dismissed for default on 22.1.1985.

(2.) On 8.7.1985 Misc. Case No. 10 of 1985 was filed under Order 41 Rule 19 of the CODE OF CIVIL PROCEDURE, 1908 for restoration of the said appeal.

(3.) It was stated that pairvikar of the appeal was entrusted to One Binda Singh, an Advocate's Clerk who fell ill and ultimately died. In such circumstances counsel for the appellants was not appearing on the dates fixed in the appeal before the Court and none was present on 22.1.1985 also when the appeal was called out for hearing and consequently, it was dismissed for default.