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Judgment
A.C. Behera, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is a Civil Miscellaneous Application under Order 41, Rule-19 of the C.P.C., which has been filed by the petitioners praying for re-admission of the 2nd Appeal vide S.A. No.250 of 1987, which was dismissed on dated 02.11.2023 for the default of the appellants on the ground that, previously engaged counsel of the 2nd appeal had expired, but, no new counsel was engaged on behalf of the appellants, for which, due to the absence of the previously engaged counsel in the Court at the time of calling for hearing of the 2nd appeal on dated 02.11.2023, the 2nd appeal was dismissed. But, such absence was not deliberate or intentional, because, the previously engaged counsel was not alive on the date of calling for hearing of the 2nd appeal, for which, the 2nd appeal was dismissed for default of the appellants.
On the basis of the aforesaid submissions of the learned counsel for the petitioners, this Civil Miscellaneous Application is admitted.
Issue notice to the Opposite Parties by Registered Post with A.D. by fixing a short returnable date. Requisites be filed within three working days.
List this matter on 20.05.2024.
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