RAMKHILAWAN PARGANIHA Vs. LALIT KUMAR

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 21.08.2018 passed by District Judge, Bemetara, District- Bemetara (C.G.) in Civil Suit No. 27A/2018, wherein the said court proceeded under Order 17 Rule 3 of the C.P.C., consequently dismissed the suit.

(2.) Learned counsel for the appellant submits that the plaintiff/ appellant filed the suit for declaration and permanent injunction regarding subject matter which was pending before the trial court for recording evidence on 21.08.2018. As per the appellant/ plaintiff, no witness of his side was cross-examined before the trial court and on the said date and the appellant was not present in the court, but the trial court proceeded under Order 17 Rule 3 of the C.P.C. which is not in the fitness of procedure. The case of the appellant was to be dismissed under Order 17 Rule 2 of the C.P.C., but that is not done and the matter was decided without appreciating the evidence, therefore, the same is liable to be set aside.

(3.) On the other hand, learned State counsel submits that the finding arrived at by the trial court is based on relevant material placed on record and the same does not warrant any interference of this Court with invoking jurisdiction of the appeal.