PRABHU DAYAL Vs. MSC MANGLI

JUDGEMENT

(1.) THIS is an application for restoration of an appeal which had been heard ex parte on 14th March, 1955, and allowed by this Court.

(2.) THE present application for granting a re-hearing was submitted on 28th March, 1955, wherein it is stated that the respondent was first of all served with a notice of the appeal for 2nd January, 1952, and attended the Court on that date. It was adjourned to 22nd January, 1952 and 9th February, 1952, and on these dates too she attended the Court. On 9th February, 1952, the appeal was ordered to be registered in the register of ripe cases and no date was fixed for hearing or any other purpose. It was alleged that the petitioner being an old lady living in the mufassil could not come again and again for knowing the date of hearing and her advocate practising in the mufassil in a place, namely, Thanaghazi, was not in a position to see the daily cause list. THE petitioner alleged that she was under a bonafide belief that she would be given a notice of hearing. THE case was fixed for 14th March, 1955, without notice to the respondent or her advocate and she only came to know from an-other advocate of Alwar, who happened to be present in this Court on 14th March, 1955, that her case had been decided exparte. THE application is signed by Mr. Nityanand advocate and an affidavit has also been hied by him. In his affidavit he stated that he was present on 9th February, 1952, when it was ordered that the case be listed in the register of ripe casts.