GH MOHD RATHER Vs. LASOO DAR

JUDGEMENT

(1.) MST . Jana, the predecessor -in -interest of the petitioners had filed an application on March 09, 1998 for restoration of her civil suit seeking adjudication of her rights in the landed property of her father, which was dismissed in default of appearance of the parties, on February 12, 1998 when the Advocates for the parties had reported 'no instructions, in the matter.

(2.) THE application was later transferred to the Court of Munsiff, Dangiwacha. Denying the plea of illness projected by the applicant in her application as the cause for her absence, the defendants opposed the restoration of suit on the ground that it had been got dismissed in default of appearance pursuant to the settlement between the parties, in terms whereof some of the pending litigation between them had been compromised and the present suit had been agreed to be dismissed in default of appearance.

(3.) PARTIES were allowed time to lead evidence to support their respective stand for and against the application. Mst. Jana died during the pendency of the application and the petitioners were substituted as her legal representatives.