- (1.) THIS appeal has been filed against the order dated 28.2.2006, passed by learned 1st Additional District Judge, Giridih dismissing Misc. Case No. 2 of 1997 filed by the appellant for re -admission of Misc. Appeal No. 13 of 1985.
(2.) MR . B.V. Kumar, learned counsel appearing for the appellant, submitted that the said Misc. Appeal No. 13 of 1985 was dismissed for default on 3.8.1996 as counsel for the appellant appearing before the lower appellate court submitted that the appellant was not turning up and therefore he was unable to say anything. He further submitted that the appellant was ill and therefore he could not instruct his counsel and if the impugned order is not set aside and the said appeal is not re -admitted, the appellant will suffer irreparable loss and injury as he has got a good case. Referring to the judgment dated 14.7.1960 passed in T.S. No. 118 of 1958, he further submitted that the father of the appellant was found in possession of the land involved in present suit, for more than 12 years. Mr. Prakash Chandra, learned counsel appearing for the respondents, on the other hand, supported the impugned order and referred to the earlier conduct of the appellant and submitted that the appellant had been deliberately delaying the disposal of the suit and the appeal. He further submitted that the present suit is not barred by res judicata.
(3.) IT appears that the suit in question being Title Suit No. 18 of 1977 was filed by the predecessor in interest of the respondents against the predecessor in interest of the appellant (hereinafter referred to as the respondents and appellant respectively).;