BALESHWAR MOCHI Vs. KUNDAN DEVI

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against the order dated 10 -1 -1994 passed by 3rd. Additional District Judge, Begusarai, in Miscellaneous case No. 2/93.

(2.) THE relevant facts are that the respondents 1st party had filed title Suit No. 88 of 1977. The suit was decreed. Then, the appellant Baleshwar Mochi along with respondents 2nd set filed the aforesaid title appeal No. 2/93. This appeal was, however, pending for deposit of cost for service of notice upon the respondents of the aforesaid appeal. In this connection, an order dated 8 -8 -1991 was passed directing the appellant to file the requisites for service of notice against the respondents 11, 12 and 14. Some of respondentsd 2nd set who had filed the appeal were warking as labourers in the State of Assam and Phulena Paswan, respondent No. 6, was entreated with the pairvi of the appeal. Phulena Paswan was living at Begusarai and, therefore, he was entrusted with the work of taking steps in the appeal. Phulena Paswan failed to take proper steps and hence, the appeal was dismissed on 15 -4 -1993. The appellant along with Phulena Paswan and other appellants in the lower Court filed miscallaneous case No. 2/93 for remission of the appeal under Order XLI, Rule 19, C.P.C. However, the miscallaneous case was dismissed by the impugned order.

(3.) IN this appeal, both parties were heard.