SK NAZMUDDIN Vs. SK NAZMUDDIN

JUDGEMENT

(1.) THE plaintiff appellant lost Title Suit No. 14 of 1962/12 of 1963 and thereafter filed Title Appeal No. 30 of 1967, which was pursued deligently till it was transferred by order dated 4.7.1972 from the Court of District Judge, Godda to the Court of Additional District Judge. The records of the appeal was received in the Court of Additional District Judge on 25.7.1972 and the next date of hearing of the appeal was fixed on 25.8.1972. On 25.8.1972 the appeal was called out, but nobody appeared on behalf of the appellant and as such the appeal was dismissed for non prosecution. It appears that on 21.9.1972 on behalf of the appellant, a petition under Order XLI, Rule 19 of the Code of Civil Procedure was filed for readmission of the appeal, which was registered as Misc. Case No. 7 of 1972.

(2.) ON behalf of the appellant, it was said that the pairvikar of the appeal was ill and as such he did not present himself on 25.8.1972, the date fixed for hearing of the appeal.

(3.) IN such circumstances, it was the default on the part of the Counsel for the appellant that on call the appellant remained unrepresented and as a result thereof the appeal was dismissed for default. I think for the default of Counsel the litigant may not be punished. In such circumstances, I set aside the impugned order and readmit Title Appeal No. 30 of 1967 with a direction to the Court concerned to dispose it of within four months. The parties herein are directed to appear on 18.5.1998.