Supreme Court of India
The Commissioner, Mysore Urban Development Authority v. S.S. Sarvesh
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What the Court ordered
In view of the foregoing discussion, the appeal succeeds and is accordingly allowed.
Judgment, page 7
From the headnote
Code of Civil Procedure, 1908: Or.XLI, r.19 and Or.XLIII, r.1(t) – Dismissal in de fault – Restoration – Dismissal of first appeal filed by th e Development Authority for non-appearance of the counsel – Appli cation filed seeking recall of the order and restoration of the appeal – Dismissal by the appellate court – Writ petition by the High Court u/ rt. 227 also dismissed – On appeal, held: An order of refusal to re -admit the appeal passed by the appellate court u/Or. XLI, r . 19 is made expressly appealable u/Or. XLIII, r. 1(t) to the High Court – Remedy of the appellant-Authority was to
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