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1956 Supreme(Raj) 165

BAPNA
Pannalal – Appellant
Versus
Firm, Ballaram Basia – Respondent


Advocates Appeared:
D.P. Gupta, for Applicants

Bapna, J. —This is a revision against an order of the learned Civil Judge of Alwar, dated 15th May, 1956, allowing an application for restoration of a suit which had been dismissed for default.

2. The plaintiff, after the dismissal of the suit for default, made an application for its restoration accompanied by two affidavits in support of the grounds mentioned in the petition for setting aside restoration. Notice was issued to Mr. Umraolal, advocate for the defendants, who on 4th May, 1956, wrote on the back of the notice that his power to represent the defendants had come to an end by the order of dismissal of the suit. The court, however, did not agree with the view of Mr. Umraolal, considered service on him as sufficient service on the defendants, accepted the affidavits, produced on behalf of the plaintiff, and directed restoration by order of 15th May, 1956. The defendants have come in revision.

3. It was contended on behalf of the defendants that the order of dis-missal of the suit amounted to a termination of the. proceedings, and as the authority granted to a lawyer terminates with the termination of the proceedings, as mentioned in Order III, Rule 4, Sub Rule (2), C. P. C, t





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