- (1.) While this stay application filed in connection with the First Miscellaneous Appeal was taken up for hearing, we were requested by the learned counsel appearing for the parties to dispose of the appeal itself on merit. We are informed by the learned counsel appearing for the parties that all papers necessary for disposal of the appeal are available on record and as such, we have decided to dispose of the appeal itself on merit on the basis of the materials available before us by dispensing with the requirement of filing paper books in this appeal. Let us now consider the merit of the instant first miscellaneous appeal in the facts of the present case.
(2.) The appellants herein who was the defendants in a suit for eviction filed an appeal being Title Appeal No. 79 of 2008 before the learned First Appellate Court for challenging the eviction decree passed against them by the learned Trial Court. The appeal matured for hearing. Despite adjournments were granted to the appellants on two or three occasions, the appellants were not ready in participating in the hearing of the appeal on 5th March, 2014 which was peremptorily fixed for hearing of the said appeal. Even on that day, an application seeking adjournment of hearing of the said appeal was filed by the appellants before the learned First Appellate Court. The said application for adjournment was rejected by the learned First Appellate Court, as the said application was not moved by the learned advocate of the appellants. Subsequently, the appellants did not participate in the hearing of the appeal.
(3.) Under such circumstances, the appeal was dismissed for default. Subsequently, the appellants filed an application under Order 41 Rule 19 of the Code of Civil Procedure for readmission of the said appeal. The learned First Appellate Court after considering the past conduct of the appellants refused to readmit the said appeal for hearing. The explanation which was given by the appellants for non-appearance before the Court on the date when the said appeal was taken up for hearing, was not accepted as sufficient by the learned First Appellate Court.;