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1991 Supreme(All) 390

R.R.MISRA
ATAR SINGH – Appellant
Versus
LOTAN SINGH – Respondent


Advocates Appeared:
PRAKASH CHANDRA, S.Harkauli

R. R. MISRA, J.

( 1 ) THE plaintiff-respondent had filed a suit for injunction with the prayer to restrain the defendant-appellants from alienating the land in dispute. The trial Court had granted an injunction. Against the same the defendants had preferred an appeal before the lower appellate Court. On the particular day when the appeal was called out for hearing, the appellants were not present and accordingly the appeal was dismissed for nonprosecution. Thereafter a restoration application was filed by the defendant-appellants, which has been dismissed by the lower appellate Court by the impugned order dated 17/11/1990. Aggrieved, the defendant-appellants have preferred this First Appeal From Order in this Court.

( 2 ) I have heard learned Counsel for the parties and have gone through the impugned order passed by the court below. By the said order the lower appellate Court has dismissed the restoration application both on the grounds that the affidavit which was filed by the father of the appellants as pairokar was not tenable in law in the absence of power of attorney and that the appellants had personally signed the restoration application. On merits, the lower appellate Court







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