RAMNATH MANDAL Vs. ATAL MANDAL

JUDGEMENT

(1.) This is an appeal from an order passed by the District Judge of Manbhum, declining to restore an appeal which was dismissed for the default of the appellants on 15 November 1930. It appears that one of the dates fixed for the hearing of the appeal was 17 September 1930. On that date the learned Judge appears to have been engaged in trying another case and so the appeal was adjourned to 15 November 1930.

(2.) On the 15 November the pleader appearing for the appellants informed the Court that he knew nothing about the appeal and that his clerk had not told him that it was fixed for that day. The learned judge however thought that the excuse was not sufficient and so dismissed the appeal. Thereupon on 27 November 1930 the appellants applied to the learned Judge for the restoration of the appeal and in their application they set out certain facts which were supported by an affidavit.

(3.) Among other facts they stated that the adjourned date had been noted on a slip by one Khepakar Mukharji who had looked into the cause list and that one Babu Nibaran Chandra Majumdar, a local mukhtar who was looking after the case, was also present with the applicant and Khepakar Mukharji when the latter looked into the list and noted the adjourned date in the diary. It was stated that it was this mukhtar who had given the corresponding Bengali date to the applicant on consulting his diary.