BAL MUKAND Vs. BAKSA SINGH

JUDGEMENT

(1.) THIS is an appeal by Bal Mukand against the order of the District Judge, Jhunjhunu dated 8. 11. 1958 refusing to restore the election petition of the petitioner which was dismissed in default on 7. 11. 1958.

(2.) THE election petition was filed under Sec. 19 of the Rajasthan Town Municipalities Act, 1951 praying for setting aside the election of the respondent to the Municipal Board, Neem-ka-Thana from ward No. 2. THE election petition was fixed for hearing on 7. 11. 1958. Shri Syed Ali Advocate, who was to appear on behalf of the appellant, reached the Court some-time after 12 noon. In the meanwhile the election petition was called a few times and eventually was dismissed in default at about 11-45 A. M. or 12 noon. THE application for restoration was dismissed on the ground that there was no justification for the Advocate for the appellant to have reached the Court late in the day.