CHAMPA DEVI Vs. ANANT PRASAD SINGH

JUDGEMENT

(1.) THE appellants have filed this appeal against the order dated 28. -9 -1994 passed in Misc. Case No. 1 of 1993 by the Additional District Judge II, Jamui, whereby the learned Additional District Judge has dismissed the Misc. Case, which had been filed for restoration of the Title Appeal No. 12 of 1990, which had been dismissed for default on 17. -9 -1993.

(2.) IT was argued by the learned lawyer of the appellants that the learned Advocate who was engaged in the Title Appeal No. 12 of 1990 by the appellants had been prevented by sufficient cause from appearing when the appeal was called on 17. -9 -1993.

(3.) THE Misc. Case No. 1 of 1993 had been filed by Mostt. Sohagi Devi, who was appellant No. 1 in this appeal and others. According to the Appellants (Petitioners), they were taking steps on every date and there was no laches on their part and on 17. -9 -1993.the appeal was fixed for the receipt of lower Court Records but it had not been received and when the appeal had been called on 17. -9 -1993. the Karpradaz had gone to call the lawyer, who was working in another Court and after some time when he came there, the appeal had been dismissed for default. According to the petitioners -appellants they had not intentionally neglected the appeal.