LAXMAN GOPE Vs. TUSTI GOPIN

JUDGEMENT

(1.) This writ petition has been filed against the order dated 5.2.2007 passed by the Additional District Judge, Dhanbad in Misc. Appeal No. 42 of 2005 allowing the appeal preferred by respondent no. 1 - BCCL.

(2.) It appears that petitioner claimed his appointment on compassionate ground claiming that he was adopted son of Bhabi Gope - employee under B.C.C.L. who died in 1996. As such claim was rejected, he instituted the Title Suit No. 40 of 2000 for declaration that he is adopted son of Bhabi Gope. B.C.C.L. appeared in the suit, but did not take step after 16.12.2000. It was debarred from filing written statement and ultimately the suit was decreed ex-parte on 12.9.2003. Miscellaneous Case No. 6 of 2004 was filed by B.C.C.L. for restoration of suit. The said petition was dismissed, against which the said appeal was filed by B.C.C.L. which has been allowed, by the order impugned.

(3.) After hearing both the parties and considering their respective cases, the learned lower appellate court has allowed the appeal inter alia, recording a finding that the explanation of delay in filing the petition under Order IX Rule 13 of Code of Civil Procedure was satisfactory and there was sufficient cause for B.C.C.L. for its failure to appear before the trial court.