NARAIN CHANDRA KHAN Vs. JAGANNATH ACHARYA GOSWAMI

JUDGEMENT

(1.) This is an appeal against an order of the learned District Judge of Manbhum Singhbhum, refusing to restore an appeal (which had been dismissed for default) under the provisions of Order 41, Rule 19, read with Section 151, Civil P.C.

(2.) The appellant, we are informed, is a transferee of a certain interest in a tank which was the subject-matter of a litigation between his vendor and the respondents, he having purchased the rights in respect of that tank after the disposal of the suit in favour of the respondents by the trial Court and after the defendant (the vendor of the appellant) had preferred an appeal before the learned District Judge which was numbered as Title Appeal No. 55 of 1936.For some reason that appeal was allowed to be dismissed for default of the appellant, that is to say of the vendor of the appellant before us.

(3.) On 8 February 1937, the present appellant filed an application before the learned District Judge asking for restoration of Title Appeal No. 55 of 1936 which it may be noticed was dismissed for default on 8 January 1937. The learned District Judge fixed 13 March 1937, for issue of notice on the opposite party, and, when on that date he found that it was not proved that respondents 15 to 21 had been served with notices, he adjourned the matter till 3 April 1937, and on that date the then appellant filed a petition for time. But when the matter was taken up for disposal, nobody appeared on his behalf and therefore the learned District Judge dismissed the application for restoration for default on the same day. The present appeal is against the order of 3 April 1937.