VISHWANATH Vs. SIR SIREMAL BAPNA
HIGH COURT OF MADHYA PRADESH
Sir Siremal Bapna
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Samvatsar, J. -
(1.)THIS is a petition for a certificate that the case is a fit one for appeal to the Supreme Court.
(2.)THE facts giving rise to the petition may briefly be stated as follows:
Respondents 1 to 7 filed a suit in the Court of the District Judge Indore against the petitioners for recovering a sum of Rs. 17,577 -14 -0 due under a registered mortgage deed. The case was fixed for 9 -10 -53 on which date the defendants were to file their written statement. On this date the suit was dismissed for default because when the case was called neither the respondents nor their pleader was present in Court. On the same day the plaintiffs counsel who was busy in another Court when the case was taken up appeared later on and applied for restoration of the suit. The application was opposed by the petitioners but in spite of it, it was allowed and the suit was restored to its original number by the trial Court.
The petitioners preferred a revision application to the High Court which was dismissed by Chaturvedi J. on 15 -5 -1951. The defendants preferred an appeal to the Division Bench against the order of the Single Judge dismissing the revision application but the appeal was dismissed also as we were of the opinion that no appeal lay against an order passed by a Single Judge under S. 115, Civil P. C.
(3.)THE petitioners have now applied for a certificate that this is a fit case for appeal to the Supreme Court under Art. 133(1) of the Constitution.
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