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Commissioner, Mysore Urban Development Authority vs. S.S. Sarvesh

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Code of Civil Procedure, 1908–Order 41, Rule 19–Dismissal of appeal in default–Application under Order 41, Rule 19 for restoration of appeal–Also dismissed–Remedy against–Remedy of filing the appeal before High Court under Order 43, Rule 1(t) is available–In the instant case, appellant filed the writ petition and same was dismissed by High Court–Error on part of High Court as the writ petition could not have been entertained–Either the writ petition could have been converted or the permission could have been granted to withdraw the writ petition with a liberty to file the appeal under Order 43,Rule 1(t).