SARVAN SINGH Vs. KISHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in these appeals is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the application to recall the order dismissing the Second Appeal.

(3.) The background facts in a nutshell are as follows: Appellant filed Second Appeal No. 4802/2003 before the High Court questioning correctness of the order passed by a learned Second Additional District Judge, Kapurthala. By the said order the first Appellate Court affirmed the order of the learned Civil Judge, Junior Division, Kapurthala. The matter was listed on 8.11.2004. On that day there was no appearance on behalf of the appellant. The High Court referred to the merits of the case and dismissed the appeal noting that none appeared for the appellant. It is to be noted that the appeal was filed by the defendants.