Mustak Khan vs Maksood - 2012 Supreme(Raj) 2123

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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2012 Supreme(Raj) 2123

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Prem Shanker Asopa, J.
Mustak Khan - Appellant
Versus
Maksood - Respondent
S.B. Civil Restoration Application No. 520 of 2012 in S.B. Civil First Appeal No. 48 of 2012.
Decided On : 28-09-2012

Advocates:
For the Applicant-Appellant:Amin Ali, Advocate.

Headnote:Civil Procedure Code, 1908, Order 41 Rule 19 – the appeal was dismissed in default due to non – appearance of the applicant/petitioner and against such dismissal this application is preferred to restore the appeal – the ground stated in the application is that on the date of hearing the counsel had to go to see his old and ill mother at his village – the court allowed the application holding that this was a sufficient and reasonable cause and ordered for restoration of the appeal.

JUDGMENT

1. - Heard learned counsel for the applicant-appellant on the restoration application.

2. Learned counsel for the applicant-appellant submits that the above noted appeal was listed on 5.7.2012 but he could not appear before this Court when the appeal was taken up for hearing as he has gone to his Village to see his old age ill mother.

3. The said reasons is sufficient reasons to restore the appeal.

4. Therefore, the application stands allowed and the appeal is restored to its original number.Application Allowed.

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