BRAHM SINGH Vs. GULSHAN KUMAR GULATI

JUDGEMENT

(1.) The respondents have been served by publication. None appears.

(2.) FOR the reasons stated, the delay of 478 days in applying for restoration is condoned and the order dated 9 th November, 2011 of dismissal of the appeal in default is recalled and the appeal restored to its original position.

(3.) THE counsel for the appellant/plaintiff has been heard. Though the Trial Court record earlier requisitioned has been sent back but since the respondents/defendants before the Trial Court also were ex parte and further since the counsel for the appellant/plaintiff states that the copies of the Trial Court record have been filed along with the Memorandum of Appeal, need is not felt to await the re-requisitioning of the Trial Court record for hearing of the appeal. The appeal impugns the judgment and decree dated 22 nd July, 2002 of