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1970 Supreme(Pat) 86

U.N.SINHA
Baijnath Prasad – Appellant
Versus
Mansa Mahto, Moti Mahto – Respondent


Judgment

U.N.Sinha, J.

1. This application has been filed by the plaintiffs of Title Suit No. 525 of 1967, which had been dismissed by the trial court, on default on the 8th March, 1968. The plaintiffs thereafter filed an application under Sec.151 of the Code of Civil Procedure for restoring the suit, which application has been dismissed by the impugned order.

2. In substance, two complaints have been made on behalf of the plaintiffs, to the effect, that on the 27th February, 1968 whatever matter had come before the court had been adjourned to some date beyond the 8th March. 1968, and by interpolation that date was converted into 8th March, 1968, when the entire suit was dismissed for default. Secondly, it is urged that the matter which had come for consideration before the trial court on the 22nd January, 1968 was an injunction matter, which was being postponed, and therefore, on the 8th March, 1968 really the injunction matter had come for decision and the suit itself should not have been dismissed for default. It may be mentioned that on the 8th March, 1968 no party was present before the Court.

3. Learned counsel for the contesting opposite parties has argued that the suit had c

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