RAJDEO PRASAD YADAV Vs. KUSUM LAL YADAV

JUDGEMENT

(1.) THIS is an appeal under Order XLIII, Rule 1(c) read with Section 104 of the Code of Civil Procedure. It is against an order rejecting a petition dated 14-12-1987 filed under Section 151 of the Code of Civil Procedure for Restoration of Title Appeal No. 3 of 1983 which was dismissed for default on 3-11-1987 due to the failure of the appellants to file notices for issuance to the respondents.

(2.) THE appellants on 31-8-1987 filed hazris and copies of the memorandums of appeal. THEy were directed to file notices by 9-9-1987. On 9-9-1987, however, the appellants were absent. THE Presiding Officer was also on casual leave. THE Incharge of the Court directed the appellants to comply with the said order by 19-9-1987. On 19-9-1987 the appellants were directed to comply with the order by 3-11-1987. On 3-11-1987 the appellants filed notices which were directed to be kept on record in view of the fact that earlier on that very day since no one had appeared on their behalf the appeal itself was dismissed. THE appellants also filed a separate application for the condonation of delay. By the impugned order, their prayer has been rejected disbelieving the plea of illness of appellant No. 3 who was Incharge of the pairvi of the appeal on behalf of all appellants. Appellant Nos. 4 to 6 are married sisters of appellant Nos. 1 to 3. THE restoration petition was also filed on their behalf.

(3.) MR. Narain Singh, learned Counsel appearing on behalf of respondent Nos. 1 to 8, on the other hand, submits that the findings recorded are such which could not be said to be illegal or improper and thus the appeal is without any merit and is liable to be dismissed.