STATE OF BIHAR Vs. SHAHANA IRAQI AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondent no. 1 on this miscellaneous appeal.

(2.) This miscellaneous appeal has been preferred against the order dated 16.10.2009 passed by the 1st Additional District Judge Kishanganj in Miscellaneous Case No.56/2004 whereby the learned lower court dismissed the aforesaid case filed by the appellants.

(3.) The factual matrix of the case is that respondent 1st set namely-Shahana Iraqi had filed Title Suit No. 34/1996 in representative capacity against the State of Bihar. As the defendants of the said case did not file written statement in the suit, despite giving opportunities, they were debarred from filing the written statement and the aforesaid case proceeded under Order-8 Rule-10 CPC and ultimately it was decreed by the court of Munsif II Kishanganj on 22.09.1998. Assailing the aforesaid judgment and decree, the State of Bihar had filed Title Appeal No. 52/1999. But as the appellants of the aforesaid title appeal did not file the required court fees and also did not appear in the case despite giving information to the learned counsel for the appellants times and again and as the aforesaid appeal was time barred, the aforesaid appeal was dismissed in default of the appellants on 13.09.2000 by the court of District Judge, Purnea. For re-admission of the aforesaid appeal the appellants State of Bihar preferred Misc. Case No. 56/2004 under Order 41, Rule 19 read with section 151 of the C.P.C. Respondent 1st set filed rejoinder in the aforesaid case. After hearing the parties and perusing the record learned District Judge, Purnea dismissed the aforesaid Misc. Case of the appellant vide impugned order.