GUMDA MURMU Vs. CHANDRAI SANTHAL

JUDGEMENT

(1.) Aggrieved by order dated 09.08.2011 in Misc. Case No. 08 of 2009, the present writ petition has been filed.

(2.) The petitioner was defendant in Title Suit No. 04 of 1999. The suit was instituted against the petitioner and the mother of one Hardi Santhal. The suit was decreed vide judgment and order dated 16.09.2002, against which Title Appeal No. 16 of 2002 was filed. It appears that the appeal was dismissed in default vide order dated 28.02.2005. The petitioner/appellant filed application dated 05.05.2009 seeking restoration of Title Appeal No. 16 of 2002. The said application which was registered as Misc. Case No. 08 of 2009 has been dismissed by the trial court.

(3.) The learned counsel for the petitioner submits that for the reasons beyond the control of the petitioner, the petitioner could not file application for restoration of Title Appeal No. 16 of 2002, within time. The petitioner was bed ridden and he had no information of the dismissal of title appeal in default.