Notice of transfer of cases made by court suo motu should be given to the parties or their lawyers.

B.N.Jha, J.

1. These three miscellaneous appeals arise out of three miscellaneous cases filed by the appellants in the court below for the restoration of three land acquisition cases, which were dismissed for default on the 8th June, 1963.

2. There were three land acquisition cases, viz., Land Acquisition Case No. 162 of 1960, Land Acquisition Case No. 163 of 1960 and Land Acquisition Case No. 164 of 1960, pending before the court of the District Judge, Arrah. The cases were adjourned from time to time. December, 11, 1962, was the date fixed for the hearing of these cases, but on that date also the cases could not be taken up; and the cases were adjourned to the 21st January, 1963. In the meantime, on the 8th January, 1963, the learned District Judge transferred the cases to the court of the Subordinate Judge, Sasaram, for disposal. It appears from the order-sheet of the cases that notice of the transfer of these cases to Sasaram court was not, given to the lawyers of the applicants. It is the case of the appellants that on the 2lst January, 1963, the date fixed in the cases they were informed by the Peshkar of the District Judge that the cases had been transferred to the court of the Subordinate Judge, Sasaram; and they also were told by him that the transferee-court would give notice of the date when the cases would be taken up by that court. As they were under the impression that they would get intimation from the transferee-court regarding the date for hearing of these cases, they did not appear there; but no notice came to them from that court.

They were informed on the 6th July, 1963, that the cases were dismissed for default on the 8th June, 1963, by the Subordinate Judge, Sasaram. Hence, they filed applications for restoration of the aforesaid three land acquisition cases, being Miscellaneous Case No. 59 of 1963, arising out of Land Acquisition Case No. 162 of 1960, Miscellaneous Case No. 60 of 1963 arising out of Land Acquisition Case No. 163 of 1960 and Miscellaneous Case No. 61 of 1963, arising out of Land Acquisition Case No. 164 of 1960. The three miscellaneous cases were heard together and one judgment was passed by the court below. In this Court also the three appeals arising out of the three miscellaneous cases have been heard together and this judgment will govern them all.

3. The applicants examined themselves in the cases in support of the allegation made in their restoration applications. On a consideration of the evidence and the circumstances of the case, the learned Subordinate Judge refused to restore the cases to their original file by his order dated the 16th May, 1964. Hence these three appeals before this Court.

4. Mr. S.C. Misra, learned counsel for the appellants, has submitted before me that the view taken by the learned Subordinate Judge is erroneous both in law and on fact. He has referred to me the judgment of the learned Subordinate Judge in which he has relied on only one circumstance against the appellants that the three land acquisition cases had been made analogous with Land Acquisition Case No. 161 of 1960. The awardee in Land Acquisition Case No. 161 of 1960 had appeared in that case; and, as such, it was not possible for him to hold that the appellants had no knowledge regarding the transfer of the cases to Sasaram court, though he accepts that there was nothing on the record to show that the appellants came in touch with the awardee of Land Acquisition Case No. 161 of 1960. in my opinion, the learned Subordinate Judge is wrong in imputing know-ledge of the transfer of the cases to the appellants on that account. In that view of the matter, the learned Subordinate Judge was wrong in coming to the conclusion that the action of the appellants in prosecution of their cases was not bona fide. The learned Subordinate Judge has himself held that there is nothing on the record to show that the appellant? came in touch with the awardee of Land Acquisition Case No. 161 of 1960.

It is on