FUNIA MAHATANI Vs. LEDO MAHATO

JUDGEMENT

(1.) RESPONDENT No. 1 filed Title Suit No. 138 of 1971 which was contested by the appellants and was dismissed on 2.1.1976. Respondents, therefore, filed Title Appeal No. 12 of 1976, which was disposed of on 24.9.1987 exports. The appellants came to know about it on 15.6.1988 and thereafter filed an application under Order XLI, Rule 21 of Civil Procedure Code on 26.7.1988 for rehearing of the appeal, which was registered as Misc. Case No. 14 of 1988.

(2.) ON the basis of materials brought on record of the said Misc. Case. Additional District Judge found that appeal notice was not served on the respondents and as such the appeal was disposed of behind their back. However, since there was delay of 10 days in filing the application under Order XLI, Rule 21 of the Code, from the date of the knowledge of the ex. parte judgment and decree passed in the said appeal though there was a separate petition filed for condonation of the said delay, under Section 5 of the Limitation Act. 1963, the Additional District Judge, dismissed the Miscellaneous Case with the following observation :

(3.) I , therefore, set aside the impugned order and also order dated 24.9.1987, whereby Title Appeal No. 12 of 1976 was disposed of ex parte and direct the Court concerned to rehear the said appeal and dispose it of in accordance with law. Parties undertake to appear in the Court below by 15th October, 2001, on which date in their presence, a firm date of hearing of the appeal shall be fixed.