POORAN SINGH ASWAL Vs. SURAJBHAN

JUDGEMENT

(1.) BY means of present civil revision, the plaintiff / revisionist seeks to set aside the impugned order dated 26.04.2011, passed by Judge, Small Cause Court / Addl. District Judge, Rishikesh in S.C.C. Suit no. 01 of 2003, whereby said Court has decided the preliminary issue against the plaintiff / revisionist and has dismissed the suit.

(2.) WHEREAS Mr. Siddhartha Singh, learned counsel for the revisionist is present, none is present for the defendant / respondent despite sufficient service of notice. The same was held 'sufficient' by this Court vide order dated 23.04.2013. On the last two occasions also, when the civil revision was listed, none appeared for the respondent and, therefore, hearing was adjourned in the interest of justice but, sadly, none has appeared for the respondent to contest the civil revision even today, so this Court proceeds to decide the civil revision on merits in the absence of the defendant / respondent.

(3.) PLAINTIFF / revisionist filed a SCC suit bearing no. 01 of 2003 in the court of Judge, Small Cause Court / Addl. District Judge, Rishikesh. Written statement was filed by the defendant / respondent. On the basis of pleadings of the parties, an issue was framed as to whether the plaintiff is not the owner of the disputed property and the court below has no jurisdiction to decide the matter?