SAMAD RAINA Vs. ALI RAINA

JUDGEMENT

(1.) THE application namely, Samad Raina through the medium of this application has sought the restoration of the application (dated: 24 -2 -1988) which was dismissed in default on 15 -9 -1994 (restoration application No.66 of 1988).

(2.) THE relevant facts of the case are that application No. 66 of 1988 was filed for the restoration of CSA No. 54 of 1975 which was dismissed in default of the appellant on 28 -1 -1998. The said appeal was filed against the judgment and decree dated 18 -10 -1975 passed by the learned District Judge, Srinagar whereby he had set aside the judgment and decree dated: 1 -5 -1972 passed by the learned City Judge, Srinagar. Mr. P.N. Goja was engaged as Advocate for the earlier restoration application (66/88) wherein the plea for restoration as taken that Mr. J.L. Chowdhary was the counsel for the appellant who on 28 -1 -1989 was not at the Headquarter of Srinagar. The applicant being an illiterate villager had no knowledge of the fixing of the case and he came to know about the dismissal of the appeal only on 19 -2 -1988. The said application for restoration was filed on 24 -2 -1988 i.e. within a period of thirty days and a plea was also taken to the effect that the appeal had been heard in part and was not liable to be dismissed in default.

(3.) THE said application remained pending from 24 -2 -1988 to 15 -9 -1994 was dismissed in default. It is stated that besides Mr. Goja the applicant had also engaged Mr. S.T. Hussain as his Advocate whose name was shown in the cause list on 15 -9 -1994 and even then he was not present and on this count the application was dismissed.