TARBINI DEVI Vs. HARI MOHAN RASTOGI

JUDGEMENT

(1.) HEARD learned counsels representing the parties.

(2.) THIS appeal has been preferred against the order of dismissal dated 12.05.2004 passed in Miscellaneous Case No. 13 of 1999 seeking restoration of Munsif Title Appeal No. 18 of 1978, dismissed for non-prosecution on 28.09.1999.

(3.) AS pointed out the appeal was not ready for hearing since some of the exhibited documents had been withdrawn during execution proceeding and could not be brought back on the record. As further pointed out, it is also unfortunate that the documents filed on behalf of the defendants-appellants were taken by the plaintiffs- respondents.