SECRETARY AGRICULTURAL CO-OP BANK Vs. THIRUMALAI ACHI

JUDGEMENT

(1.) This petition is for restoration of an appeal dismissed for default.

(2.) From the docket sheet it is found that there was no representation on 26.10.95 for both the parties. The appeal was posted to 24.11.95 for dismissal. On 24.11.95 also when the matter was taken up there was no representation for the appellant. Hence the appeal was dismissed for default. In the affidavit filed in support of the petition it is stated that the Counsel is at Tenkasi and he had a Counsel at Madras to assist him but that Counsel did not inform him about the dates of posting of the appeal and therefore there was no representation for the appellant on the said two dates. This present petition to restore the application has been filed about two months after the date of dismissal of the appeal. This delay has not been properly explained. We find from the order passed by the District Forum that an award has been passed just for a sum of Rs.1,880/-. A counter has been filed opposing the petition.

(3.) In these circumstances we find no merit in the petition. Hence the petition is dismissed.