THE STATE OF BIHAR, THROUGH THE COLLECTOR, NAWADAH Vs. BALGOVIND PRASAD SON OF LATE PUNIT SAWA, RESIDENT OF VILLAGE

JUDGEMENT

(1.) Heard the learned counsel for the parties in the interlocutory application (I.A. No.5618/2015) filed on behalf of the appellants for condonation of delay in filing this appeal.

(2.) According to the office report, there is delay of 1 year 5 months and 24 days.

(3.) After considering the submissions and from the materials on record, it transpires that a suit was filed by the respondents in the year 1985 for declaration of title over the suit land. In the said suit, the present appellants were impleaded as defendants and they filed their written statement. Later on they left the contest in the suit and ultimately the suit was decreed ex parte on 16.12.1987, The defendants (appellants at present) filed an application under Order 9, Rule 13 C.P.C. for setting aside the said ex parte decree but the same was also dismissed for default. The defendants, thereafter, filed petition for restoration of the miscellaneous case initiated on the basis of petition under Order 9, Rule 13 C.P.C. but by order dated 15.07.1993 the learned court below has turned down the prayer for restoration, as prayed.