LALLAN RAM Vs. GENA RAM

JUDGEMENT

(1.) PLAINTIFFS -Petitioners, aggrieved by the order dated 12.8.2005 passed by the Additional District Judge, Fast Track Court No. IV, Siwan in Misc. Case No. 4 of 2005 disallowing the limitation application, have preferred this application.

(2.) SHORT facts, giving rise to the present application, are that aggrieved by the judgment and decree dismissing the suit, plaintiffs preferred Title Appeal No.142 of 1973. Said appeal was dismissed by judgment and decree dated 15th of July, 1981. Aggrieved by the same, plaintiffs - petitioners preferred S.A. No. 578 of 1981 before this Court. This Court, by judgment and decree dated 16th of July, 1986, allowed the appeal, set aside the judgment and decree of the lower appellate court and remitted the matter back to it for reconsideration in accordance with law. After remand, the lower appellate court registered the case on 17.2.1988 and from 26.2.1996 to 5.3.2002, adjourned the case from day to day awaiting the receipt of the lower court records. The appellants made pairvy during this period. Ultimately, the record was received by the lower appellate court on 15.4.2002 and to the misfortune of the plaintiffs, the case was transferred to the Additional District Judge VII, by order dated 16.4.2002. But they were not informed. Thereafter, the case was again transferred to the Court of Additional District Judge, Fast Track Court No. IV by order dated 21.12.2002, but none were informed. The learned Judge, adjourned the case to 28.2.2003 but on the said date, neither plaintiffs -appellants before the Court below nor the respondents made any pairvy and the case was adjourned to 28.6.2003. The record was not placed before the learned Judge on 28.6.2003 instead placed on 30th of June, 2003 and finding that none of the parties have appeared in the appeal, adjourned the case to 5.9.2003. On 5.9.2003 also nobody appeared and the learned Judge, dismissed the appeal for default.

(3.) BY reason of the impugned order, the learned Judge has rejected the prayer for condoning the delay in filing the miscellaneous case on the ground that the explanation put forth by the plaintiffs, is not justified.