NATHI DEVI Vs. RAMESH CHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This misc. appeal has been filed against the order passed by the learned trial court dated 25.11.2006 disposing of the application under Order 33 Rule 1 C.P.C. filed by the plaintiffs-appellants and against a separate order of even date whereby the learned trial court has consigned the suit to record.

(3.) The submission of the learned counsel for the appellants is that while it is correct that the affidavit as required by Rule 2 Order 33 C.P.C. was not filed but at the same time it was open for the learned trial court to have permitted the appellants to rectify the above irregularity as the objection to this effect was taken only during the course of hearing and at that time there was no opportunity for the appellants to have filed the aforesaid affidavit and the learned court below as the aforesaid ground dismissed the application as well as the suit.