IN THE KIGH COUKT OF CHHATTISGARH fX BILASPUR APPELLANT .A.NO.J|(,pl OF 2003,,. £»! Shaitan Mal Khatri, S/o. Fatte Chand Khatri, aged 60 years* R/o« Kumhar para, Road» Jagdalpur, Distt. Bastar (Chhatti sgarh) , V E R' S U S .8ESPO ENTS S 1) Milku, RESEONDENTS ,{ . s/o. Gulam Mahara, 43 years. \r ^^ I . ^ • ./^ ^ ^.' ^y.^ •^•\<? .V y/^ ^*^^' ^ r/o. vill. Keshloor, Teh, Jagdalpur, Distt. Bastar. 2) State of chhattisgarh» through : Collector Jagdalpur, Distt, Bastar (chhattisgarh). <?-' Jy' .' ^f &- (1S£S^NEOUS APPEA^ UNDER_Pi^ER 43 RU^_LAl-L^l. OF THE-GODE OF CIVI1, PROCEDURE. - , . •m-,:^w^ XI-HC-22 an^t^i f?:ri?i'3i^?[ WRWHfFB w' !^i '3^? •<ll<41<nq, ®fllwiS,(qwi«y fiiwrwwefi .^.^...Mck. ^ 200^? an^iTOiraK'sftg 08/11/2004: Shri Prafull Bharat, counsel Shri Sanjay S. Agrawal, cou<isel l-1eard both the counsel. 2000 Respondent No. 1 filed a si to set aside the sale deed. Thes^ agriculture land of more than 10 appellant but however it was deci filed an appeal in the year arguments on 17.04.2003. On th. absent and requests were made| dismissed for default.. Thereafter, Rule 19 r/w Section 151 of the CJ said application reasons given for the counsel's wife was admitted in| was not able to attend the Court or| Court dismissed the said appli^ application under Section 151 of| filed. Apart from the reason was also brought to the notice of| passed away on 16.04^003. admitted facts took a very strange] the sufficient reasons in the Courtl appticationfiled under Section 15|1 order dated 19A4.2003 passed application filed under Order 41 present appeal has been filed. alre^dy tiwtCT'ill 'fltS^i ^ fei^ <F«!^U q? sri^pi an^T [ortheappellant. appears as amicus curiae. )it for declaration, possession and also [reliefs were sought for pertaining to an lacres. The siiit was resisted by the ijeed. Being dissatisfled, the appellant The appeal was posted for finai day the counsel forthe appellant was for adjoumment but the appeat was ^n application was filed under Order 41 ;JP.C for restoratton of the case. In the (naking requests are that on 17.04.2003 in|the hospital and therefore, the counsel that day. However, the lower appellate <ation on 27.09.2003. Thereafter, an the C.P.C. along with an affidavit was adduced in the eariier appticatfon it the Court that the son of the appellant Tt(e~appellate Court in spite of all these riew that the appellant has not put forth to restore the appeal and dismissed the of the C.P.C.. teing aggrieved by the iy the learned appellate Court in the R|u)e 19 r/w Section 151 ofthe C.P.C, the ['Th^ ^Ra^ r +" XI-HC-22 ^51 ~3WvW, afli^'l®,iqclltfy ^^......\\a. 3TR?I^I R'li'* S{^f WqW^lftd v\V^'^ _ o^^ wnwfflTO — °'~ This Court has to only state that |t appellate Court has taken a view wt teehnical while considering the ^id a( wife was hospitatized and when this fai|;t Court, the Court should have only adjoi at least allowed the application which| 19.04.2003. It is also brought to the no^ was holiday. The lower appellate Couft allowing the application filed under Ord^r which resuited in not only waste of mor time for that Court as well as to this C<) future to see that such mistakes on his Is very unfortunate ttat tne lower fat is called pedantic and hyper ^plication. Admittedly the counsel's was brought to the notice of the krned the matteron 17.04^003. or |was filed on the third day i.e. on fce of the Court Ihat on 18.04.2003 has committ^l grave error in not ^r 41 Rule 19 r/w 151 ofthe C.P.C. (ey for the parties but also vraste of turt. The officer shall be carefutin bart do not occur. tn the result, the appeal stands 2002 on the file of Firet Additional Disti its original number and the learned Jw Hs own merits in accordance with law the date of receipt of the copy of this o^ Mr. Sanjay S. Agrawal, Advocat^ is appoirrted as amteus curtae to assist this Court. Parties are entitled for certified (t ^•iikt^ NiH^F' ^ fe^t" '<^<(^f< ^? siNii sii^i |altowed. Civil Appeal No.47-AoT fd Judge, Jagdalpur is restored to Ige shall dispose of the afyeat on vithin a period of four months from der. opyofthisorder. Sd/- OuefJustice w. 1 x?\y .'-^v [^^rt A e^