BULSARA KALABEN CHANDRAKANT Vs. DHIMMAR RAMANLAL DEVABHAI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award dtd. 15/11/2019 passed by the learned Additional District Judge, Navsari in Regular Civil Appeal No.45 of 2013 and judgment and order dtd. 17/8/2012 passed by the Senior Civil Judge, Gandevi in Regular Civil Suit No. 27 of 2009, the appellant has preferred present Second Appeal.

(2.) The short facts giving rise to present appeal are as under:

(3.) Though the request was made by the original defendant before the appellate court in memo of appeal that since the learned advocate appearing and representing the defendant has not intimated the defendants and he has not filed the written statement and therefore the suit was proceeded in absence of the defendant. It appears from the record that there is no evidence recorded by the learned trial Court of the defendant side nor there is any cross examination at the behest of the defendants and therefore, it seems that the whole suit was decided in absence of the defendants and their legal assistance and therefore, they have contended before the fist appellate court that as the suit was proceeded in absence of the defendants, as initially the notice was served but thereafter the concerned advocate appointed by the defendants has not taken care to intimate the defendants about the proceedings nor he has filed any written statements.