SUMITRA DEVI Vs. SUMITRA DEVI

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the order passed by Additional District Judge, III, Giridih in Misc. Case No. 1/2003 whereby he has dismissed the appiication filed by appellant (respondent) under Order XLI Rule. 21 of the Code of Civil Procedure.

(2.) PLAINTIFF -respondent filed suit being Title Suit No. 88/96 for a decree of perpetual injunction and restoration of possession of the suit property. The suit was dismissed, on contest, by Sub -Judge, Giridih. Plaintiff -respondent filed appeal being Title Appeal No.17/1998 in the court of District Judge, Giridih. However, the appeal was eventually transferred to Additional District Judge, Giridih.

(3.) BE that as it may, admittedly because of the laches and negligence on the part of the lawyer appearing for the appellant, the appeal was taken up for ex parte hearing. For the ends of justice, therefore, for the negligence of the counsel, the parties may not be put to substantial loss and irreparable injury. As noticed above, suit was dismissed on contest but only because of non - appearance of the counsel for the appellant, the appeal was taken up fa ex parte hearing. For the ends of justice, therefore, it is fit case where the appeal should be decided on merit.