Chandrashekhar, J. - (1.) Aggrieved by order dated 05.01.2011 in Misc. Case No. 05 of 2010 whereby, application seeking restoration of Title Appeal No. 01 of 2007 has been dismissed for non-prosecution, the present writ petition has been filed.
(2.) At the outset, the learned counsel for the respondents raising a preliminary objection to the maintainability of the writ petition submits that against the order passed under Order 41, Rule 19 C.P.C., an appeal would lie under Order 43, Rule 1 (t) C.P.C.
(3.) Rule 19 to Order 41 C.P.C. reads as under: 19. Re-admission of appeal dismissed for default Where an appeal is dismissed under Rule 11, sub-rule (2), or Rule 17, the appellant may apply to the Appellate Court for the re-admission of the appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit.;