OM PRAKASH VASWANI Vs. MUNICIPAL BOARD CHITTORGARH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant has challenged the order dated 16th January, 2006, passed by the Court of Additional District Judge No. 1, Chittorgarh, rejecting appellant's application filed under Order 41, Rule 19, CPC.

(3.) Brief facts of the case are that Regular First Appeal No. 87/04 was dismissed by the Court below in default vide order dated 19th April, 2005. Since that was the Regular First Appeal and the learned Advocate for the appellant was to argue the appeal and the appeal was dismissed due to his absence, learned Advocate of the appellant on the same day i.e. on 19th April, 2005 submitted application under Order 41, Rule 19, CPC for restoration and re-admission of the appeal. The said application was signed by the advocate only and was not supported by any affidavit. The First Appellate Court vide order dated 10th May, 2005 dismissed the application on the ground that the application has not been signed by the party nor affidavit has been filed in support of the application.