SUGANCHAND Vs. ZORAWARMAL

JUDGEMENT

(1.) THIS is a miscellaneous civil appeal against an order of the District Judge, Sikar of the 13th of December, 1950.

(2.) SUGANCHAND son of Mahadeo filed a suit against Zorawardan minor under the guardianship of Mt. Jeo Bai, his mother, and Mahadeo, the father of the plaintiff, for possession of a shop on the 10th of September, 1947 in the court of Munsif, Nim-ka-Thana, which was dismissed on the 24th of November, 1949. An appeal was presented to the court of the Civil Judge at Nim-ka-Thana and it was dismissed for default of the appearance of the plaintiff on the 28th of April, 1950. A restoration application was then filed by the appellant on the ground that he ordinarily resided at Calcutta and he had engaged Mr. Chhagnlal and Kapildeo two pleaders at Nim-ka-Thana for the conduct of this case. Both the pleaders had assured him that it was not necessary for the appellant to appear personally on the 28th April, 1950 and the appellant, therefore, acted on the assurance of his pleaders and did not come to Nim-ka-Thana for the prosecution of his appeal. On the said date of the hearing of the appeal, both the lawyers failed to appear as they had to attend certain marriages of their relatives. The learned District Judge dismissed the application for restoration and placed reliance on the observations in the judgment in the case of Gajrajsingh vs. Surajbux Singh and another (1) (AIR 1948 Oudh, 116. ).