SITA DEVI Vs. INDRADEO LAL

JUDGEMENT

(1.) THIS petition has been filed on behalf of the appellants-petitioners for review of the judgment of a Bench of this court dated 17-4-2007 by which Miscellaneous Appeal no. 574 of 2000 was dismissed on merits at the stage of final hearing only after hearing the learned counsel for the respondents as learned counsel for the appellants were absent.

(2.) THE said appeal was filed by the petitioners on 20-10-2000 under the provision of Order XLIII Rule 1 (j) of the Code of Civil procedure (hereinafter referred to as 'the code' for the sake of brevity) against order dated 21-9-2000 by which the learned subordinate Judge 1, Nalanda dismissed Miscellaneous case No. 25 of 1990 (13/1994)filed by the petitioners for setting aside auction sale of the said properties and also for stay of further proceeding relating to delivery of possession in Execution Case No. 11 of 1989 arising out of Title Suit No. 117 of 1981 which was filed by opposite party Ist set and was decreed against the petitioners, who were defendants in the suit.

(3.) THE said miscellaneous appeal was admitted on 18-2-2002 by a Bench of this court while hearing under Order XLI Rule 11 of the Code, whereafter the procedure of rule 12 etc. of the said Order was also complied and both the plaintiffs-respondents appeared in the appeal and the case was listed for final hearing on 17-4-2007. However, on 17-4-2007, no one appeared on behalf of the appellants, whereas learned counsel for the said respondents were present. Hence the Hon'ble Court before which the appeal was placed, heard learned counsel for the said respondents and dismissed the appeal on merits by a well discussed and reasoned judgment dated 17-4-2007.