The appellant filed a second appeal challenging the companyrectness or otherwise of the order dated 19.4.2002 in S.B. Civil Misc.
759 of 2002.
4 of 2001.
The appellant, in the application filed for restoration of the appeal had stated, that, on receiving the intimation of the serious illness of his elder brother, he immediately left to see his brother on 15.1.2002.The same was dismissed on 19.4.2002.
759 of 2002.
The appellant then moved an application under Order 41 Rule 19 of the Code of Civil Procedure read with Section 5 of the Limitation Act, 1963 for restoration of the First Appeal No.
The appeal filed against the said judgment and decree was dismissed for default on 19.4.2002 by the Additional District Judge due to number appearance of the appellant and his learned companynsel.
Appeal No.
The respondent herein, had filed a suit for eviction against the appellant in the year 1993.
L. Dattu,J. This is an appeal by Special Leave against the judgment and order dated 23.5.2008 of the High Court of Judicature for Rajasthan, Jaipur Bench, in B. Civil Misc.
The suit was decreed by the Trial Court on 31.1.2001, granting possession of the suit schedule premises to the respondent.
Appeal No.
We grant special leave and dispose of this appeal as hereunder.
