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1961 Supreme(Pat) 3

N.L.UNTWALIA
Kawleshwar Singh – Appellant
Versus
Raghubir Singh – Respondent


Judgment

N.L.Untwalia, J.

1. This is a miscellaneous first appeal by the persons who were appellants in the lower appellate Court in Money Appeal No. 10/5 of 1959. The said appeal was pending before the District Judge on 4-7-1959, on which date it was adjourned to 10th August, 1959. In the meantime under the administrative order of the District Judge the appeal was transferred to the court of the Second Subordinate Judge for disposal, on the 24th July, 1959. It was taken up on the 10th August, 1959. Nobody appeared on behalf of the appellants in spite of repeated calls. The lawyer for respondent No. 1 was ready and it was heard. The appeal was disposed of on merits. It was practically dismissed with a slight modification. The appellants filed an application on 8th September, 1959 under Order 41, Rule 19 of the Code of Civil Procedure for its restoration alleging that appellant No. I1 fell ill on the 8th August, 1959, and was ill till the 17th August, 1959 and appellant No. 2, the only remaining appellant^ had gone to some of his relation and was not present in village to come to court. The court below has not accepted the case of the appellants and has refused to restore the appeal.







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