Law:

Section:

Civil Procedure Code (V of 1908)-------Ss. 24-A(2) & O.III, R.5---Transfer of suit---Appearance of parties on transfer of suit---Appeal---Limitation---Court in which suits were pending adjudication had become vacant---Suits were being adjourned and parties and their advocates were appearing before the said Court--­Lastly suits were fixed on 29-9-1997 when parties in suits were present---Cases were adjourned to 13-11-1997 as the Court was still lying vacant, in the meantime District Judge transferred suits from `P.J.G.' where same were pending to Court at `K' and matters were adjourned for 13-11-1997 which was already fixed---On said date nobody having appeared before transferee Court, Court ordered for issuance of Court motion notices to advocates of parties---Advocates of parties having refused to accept said Court motion notices, Court after perusing report of bailiffs held service good and fixed suits for evidence---After recording evidence of plaintiffs suits were fixed for evidence of defendants, but defendants having failed to appear, suits were decreed--­Appeal filed by defendants after more than one and half years of passing decree in favour of plaintiffs were dismissed being time-barred--Defendants had filed revision against dismissal order of Appellate Court alleging that they had no knowledge about suits as no Court motion notices were served upon them by transferee Court and they had also prayed for condonation of delay---Parties were present on 29-9-1997 before Court when suits were adjourned to 13-11-1997---Service of Court motion notices upon advocates of defendants, was service upon defendants and was effectual for all purposes as if same had been served upon party in person---Gross negligence on part of defendants could not be condoned without assigning cogent, plausible and sufficient cause for their not appearing in the Court---Defendants who had knowledge about transfer of suits, could not claim that they had no knowledge about transfer of suits---Appeals filed by defendants were rightly dismissed being barred by time---In absence of any illegality or irregularity in the impugned and decree, same could not be interfered with in revision…

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