NARAIN SINGH Vs. BHAGWAN SINGH & ANOTHER

JUDGEMENT

(1.) Present Second Appeal has been preferred by the plaintiff / appellant being aggrieved against the judgment and order dated 31.08.2012, passed by learned Addl. District Judge, Khatima, in Misc. Civil Appeal no. 4 of 2012, passed in Civil Appeal no. 71 of 2010, Narain Singh vs Bhagwan Singh and others, whereby the first appeal has been dismissed in default on 25.05.2012.

(2.) It is prayed by learned counsel for the plaintiff / appellant that the present second appeal may be allowed and the judgment and order dated 31.08.2012 and 25.05.2012, passed by learned Addl. District Judge, Khatima, Udham Singh Nagar in civil appeal no. 71 of 2010, Narian Singh vs Bhagwan Singh may be set aside and a direction be given to the court below to restore the appeal of the plaintiff / appellant to its original number alongwith interim order.

(3.) At this stage, it transpires to the Court that the matter should fall under the category "A.O." and not under 'Second Appeal'. Therefore the matter is treated as A.O. under Order XLI Rule 1(t) of the Code of Civil Procedure, 1908.