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2018 Supreme(Raj) 1827

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Gokal Singh – Appellant
Versus
Khem Chand – Respondent


Advocates Appeared:
Kawal Singh Loha, Advocate, for the Appellant; Mr. Shashank Agarwal, Advocate, for the Respondent

JUDGMENT

Mohammad Rafiq, J. - This appeal challenges the order dated 23.04.2018 passed by learned Single Judge whereby learned Single Judge dismissed S.B. Civil Restoration Application No.704/2017 in S.B. Civil Second Appeal No.294/2013. The restoration application was barred by limitation and that too was also dismissed by the learned Single Judge vide order dated 23.04.2018.

2. The appellants filed S.B. Civil Second Appeal No.294/2013 before the Single Bench assailing the judgment and decree dated 22.08.2013 passed in eviction suit. It is stated that the second appeal was listed before the Court on 12.04.2016 but the learned counsel for the appellants could not appear in the matter when it was taken up for hearing as he was out of station for his personal work, however, he asked his colleague to attend the court in the matter, who informed him about adjournment of the matter so the appellant and his counsel were in the apprehension that the case had been adjourned and it will be listed on some other day. It was only when the appellants received a notice for eviction of the house in dispute from the lower court, they came to know that the appeal had already been dismissed in defaul

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