BISAHIN BAI Vs. LAXMI KAUSHIK

JUDGEMENT

(1.) Proceedings of this matter have been taken-up for final hearing through video conferencing.

(2.) This second appeal preferred by the plaintiff / appellant has been admitted for hearing on the following substantial question of law: -

(3.) The civil suit filed by the appellant/plaintiff was decreed by the trial Court decreeing the suit for declaration of title and restoration of possession against which the respondent / defendant preferred appeal in which the plaintiff / appellant was noticed and her counsel Mr. Prashant Ganorkar filed Vakalatnama on behalf of the appellant / plaintiff on 18- 7-2008, but thereafter, since 19-7-2008, he failed to appear and the first appellate Court declared the appellant / plaintiff ex parte on 26-9- 2008 and ultimately, judgment and decree of the trial Court was reversed by the first appellate Court on 1-10-2008 in absence of the plaintiff / appellant against which this second appeal has been preferred by the appellant / plaintiff and substantial question of law has been framed which has been set-out in the opening paragraph of this judgment for the sake of completeness.