TMI Blog1983 (2) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... etition with the Registry for the setting aside of Order No. 427/Cal/83-2686 dated 18th November, 1983 dismissing the appellant s appeal for default under Rule 20 of the Customs, Excise Gold (Control) Appellate Tribunal Procedure Rules, 1982. Shri T.K. Kar, Advocate has appeared on behalf of the appellant and has reiterated the facts stated in the Miscellaneous Petition dated 10th January, 1984 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 1983. In the alternative, he has pleaded that it was a short notice of hearing, the appellant just gets one and half day s time taking into consideration the holidays and as such, this short notice had prevented the appellant from appearance in this court. He has also referred to Order No. IX) Rule 9 of the Code of Civil Procedure (Act No. V of 1908). He has pleaded that the procedure as provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was held that a suit has been dismissed for default, the same should be restored in cases not provided for by Order No. IX, Rule 9 as per findings in the cases of M.C. Khatizabai v. Mst. Aktara Begum 50 AN 194; Subhash Chand v. Sarju Devi (1960 AA569). He has also referred to the Bombay High Court judgment in the case of Billasirai v. Cursondas 21 Bombay Law Report 952. 53 1C 552; ILR 44 Bomba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neous Petition should be dismissed. 3. After hearing both the sides and going through the facts and circumstances of the case, I hold that there was short time for notice of hearing and as such, the appellant was prevented by sufficient cause for non-attendance on the 18th day of November, 1983. Here I am referring to two judgments in the cases of R.E. Govindram Sekhsaria 11 ITR 104, 123; Sadar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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