Altamas Kabir, G.C. De, J. - (1.) This appeal is directed against order No.31 dated 26th June, 2000, passed by the 11th Addl.District Judge at Alipore in Misc.Case No.24 of 1998 arising out of an application under Order 41 Rules 17 and 19 read with section 151 C.P.C.filed by the appellant herein praying for readmission of the appeal, being No. 380 of 1997, after recalling the order of dismissal passed on 11th June,1998.By the impugned order, the learned court below dismissed the Misc. Case on contest upon holding that the application under Order 41 Rules 17 and 19 read with section 15l C.P.C. was without any merit.
(2.) The case made out in the said application is that Shri S.B. Pandey, the appellant's senior advocate, had all along been pursuing the appeal before the learned Court below with diligence. The appeal had been fixed for hearing on 7th April, 1998, but was adjourned at the instance of the appellant.Subsequently, Shri Pandey was out of Calcutta from 24th April, 1998, till 27th June, 1998,in connection with his personal business and family affairs and on 29th June, 1998, he for the first time came to learn from the cause list that the appeal had been dismissed on 11th June,1998.
(3.) The appellant examined only himself to prove the case made out in his application under Order 41 Rules 17 and19 read with section 15l C.P.C.According to him, Shri Pandey was prevented by circumstances beyond his control from being present in court on the day when the appeal was dis- missed. It was also his case that he had no knowledge of the date of hearing of the appeal and that only subsequently he came to learn that Shri Pandey was out of town from 24th April, 1998 till 27th June, 1998.;