SAMIM ANSARI, SON OF AJAD MIAN, RESIDENT OF BAGJURI, P.S. JAMTARA (MIHIJAM), SUB Vs. NAUSHAD SHAH, SON OF LATE CHIMAN SHAH, RESIDENT OF VILLAGE BAGJURI, PS JAMTARA (MIHIJAM), PO SAHARDAL, DIST. JAMTARA

JUDGEMENT

(1.) Aggrieved by order dated 05.01.2011 in Misc. Case No. 05 of 2010 whereby, application seeking restoration of Title Appeal No. 01 of 2007 has been dismissed for non-prosecution, the present writ petition has been filed.

(2.) At the outset, the learned counsel for the respondents raising a preliminary objection to the maintainability of the writ petition submits that against the order passed under Order 41, Rule 19 C.P.C., an appeal would lie under Order 43, Rule 1 (t) C.P.C.

(3.) Rule 19 to Order 41 C.P.C. reads as under: