JAI KISHAN Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This revision is directed against the order dated 18/12/2000 passed by the learned Additional District Judge, Bhinmal in "Municipal Board, Sanchore v. Jai Kishan & Ors.", whereby the application under Order 41 Rule 19 read with Section 151 CPC has been accepted and the appeal was re-admitted for hearing on its original number.

(2.) Heard learned counsel for both the parties and perused the impugned order dated 18/12/2000.

(3.) Executive Officer, Sanchore v. Jai Kishan & Ors. was presented in the court of District and Sessions Judge, Jalore and it was dismissed in default on 28th October, 1993. The Municipal Board, Sanchore moved an application under Order 41 Rule 19 CPC on 30th October, 98 to restore the same. It was argued by the learned counsel for the petitioners-revisionist that the appeal was restored without showing sufficient cause after five years of its dismissal, therefore, the learned Appellate Court was not within its jurisdiction to readmit the appeal dismissed in default as stated above.