KRISHNA OIL MILLS Vs. SHRINIWAS AND CO

JUDGEMENT

(1.) THIS Civil Special Appeal under Section 18 of the Rajasthan High Court Ordinance read with Order 43, Rule 1, CPC has been filed against judgment of learned Single Judge, dated January 15, 1986, in SB. Civil Miscellaneous Restoration Application No. 61/1986, where by the application filed by the appellants Under Order 41, Rules 19 read with Section 151, CPC for re -admission of hearing of S.B. Civil First Appeal No. 8/1975 was dismissed in default.

(2.) BRIEFLY stated the facts of the case are that the appellants filed first appeal against the judgment and decree of the learned Additional District Judge, Alwar, passed on November 30, 1974, which was dismissed in default of appearance of both parties on February 7, 1985. A restoration application was filed by the appellants, which was dismissed on January 15, 1986. The main ground, along with some other grounds on which the application for restoration was dismissed was that it was time barred by 258 days.

(3.) SHRI R.S. Kejriwal, counsel for the respondents on the other hand has asserted that it was necessary for the appellants to have filed affidavits of Shri Dilip Singh, Advocate and Shri Ramesh, which was not done by the appellants. It is also asserted that late Shri R.V. Agarwal was not engaged as lawyer by the appellants but was given power to appear on behalf of the appellants by Shri Dilip Singh, Advocate.