- (1.) The petitioners-plaintiffs are aggrieved of the order dated 08.10.2012 as well as order dated 09.05.2014 whereby the appeal has been dismissed as withdrawn and the application under Order 41 Rule 19 of the Code of Civil Procedure (hereinafter called 'CPC') for re-admission of the appeal has been dismissed.
(2.) Mr. Mohnish Sharma, learned counsel appearing on behalf of the petitioners-plaintiffs relies upon the judgment rendered by Hon'ble Supreme Court in "Himalayan Cooperative Group Housing Society V/s Balwan Singh, 2015 7 SCC 373", to contend that an act of the lawyer withdrawing the appeal has been explained. He submits that no prejudice would be caused to the other side or the Court in case, the appeal is ordered to be heard on merits.
(3.) There is no representation on behalf of the served respondents.;