JUDGEMENT :- This is a plaintiffs appeal arising out of an order dismissing his application under O.41, R.19 Civil P.C. for restoration of the appeal dismissed in default.

2. The judgement under appeal makes amazing reading and the facts of the case are also extraordinary. First Appeal No. 497 of 1957 was initially filed by the appellant in the High Court on 19-12-1957 against the judgement and decree dated 20-9-1957 of the IInd Additional Civil Judge, Meerut in Original Suit No. 22 of 1953. Later the Appeal was transferred to the Court of the Ist Additional District Judge, Allahabad and was received in that Court on 11-12-1967 and 9-1-1968 was fixed for hearing. The notice of this date was sent to the appellant by registered cover which is alleged to have been received back with an endorsement dated 21-12-1967 of the postman to the effect that the addressee had refused to accept the notice. The appellant was represented in the High Court by two eminent counsel namely, Sarvasri Kanhaiya Lal Misra and A.P. Pandey, who are no more. It is stated that the notice of the aforesaid date fixed for hearing of the appeal was sent to these counsel as well. The notice with regard to Sri Kanhaiy

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