On an application under Section 115 (1) of the Code of Civil Procedure this Rule was issued at the instance of the petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order No. 22 dated 23.07.2020 passed by the learned Additional District and Sessions Judge, Charfashion, Bhola in Title Appeal No. 70 of 2017 rejecting the application under Section 151 of the Code of Civil Procedure for restoration of the appeal should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.

Shorn of unnecessary details, fact of the case lies in a very narrow compus. The petitioner, as plaintiff, instituted Title Suit No. 361 of 2008 against the opposite-parties, as defendant in the Court of Senior Assistant Judge, Charfashion, Bhola for a declaration of title in the suit property. The trial court after hearing dismissed the suit by its judgment and decree dated 24.07.2017. Thereafter, the plaintiff preferred Title Appeal No. 70 of 2017 before the appellate court. Eventually, the appeal was transferred to the learned Additional District Judge, Bhola for disposal before whom the