Decided on December 13,2013

Mahadev Prasad Nautiyal Appellant
Nagar Palika Parishad, Narendra Nagar And Ors. Respondents


Brahma Singh Verma, J. - (1.) HEARD . By means of this appeal, the appellant has sought an appeal under order 43 Rule 1(t) of the Code of Civil Procedure 1908 for quashing the order impugned dated 03.09.2013, passed by District Judge, Tehri Garhwal in Misc. Case No. 05 of 2013, Mahadev Prasad vs. Nagar Palika Parishad and others whereby application for readmission of civil appeal No. 18 of 2012, Mahadev Prasad Nautiyal vs. Nagar Palika Parishad and other to its original number filed by the appellant has been dismissed.
(2.) THE learned counsel for the appellant has contended that the application has been moved after four days of the dismissal of the appeal. The learned appellate court did not consider this fact while dismissing the application. Since, there is no mandatory provision that on each and every date the appellant will present. It is the counsel, who cares of the cases of the litigants. If by some or other reasons, the counsel is absent or engage in any another court and the appeal is dismissed or when there is no callous delay and application is within time filed immediately when the order of dismissal of appeal came to the notice of the appellant that the appeal has been dismissed for want of prosecution in absence of the counsel, the court should not be much hyper technical in such cases. The court should take a liberal view in such type of matters and this Court is of the view that since the application has been filed after four days' of dismissal of appeal. In the interest of justice this appeal is liable to allow and the same is allowed. In view of the above, considering the fact of the case, the impugned order under appeal dated 03.09.2013, passed by the District Judge, Tehri Garhwal in Misc. Case No. 05 of 2013, Mahadev Prasad vs. Nagar Palika Parishad and others is set aside. The appeal is restored to its original number. The learned Judge is directed to decide the case at its own merit in accordance with law.;

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