MELA RAM Vs. ADDITIONAL CIVIL JUDGE GHAZIABAD

JUDGEMENT

(1.) This writ petition is directed against the order dated 23-7-1981 passed by respondent No. 1 rejecting the application of the petitioners for restoration of the suit and the order of the appellate Court, respondent No. 2 dismissing the appeal against the aforesaid order.

(2.) The petitioners filed Suit No. 174 of 1978 for recovery of arrears of rent, ejectment and damages against the defendant-respondent Nos. 3 and 4 with the allegations that they had let out a plot of land measuring 12' x 20' to one Bhagat Ram on a monthly rent of Rs. 250.00. They gave a notice to the tenant and to his partner Gyan Chand demanding arrears of rent and terminating his tenancy. Defendant Bhagat Ram contested the suit and asserted that the rate of rent was Rupees 50/- per month and not Rs. 250.00 per month as claimed by the plaintiff-petitioners.

(3.) The trial Court had fixed 7-8-1980 for final hearing. The case was adjourned for 27-8-1980. On the said date, the petitioners did not attend the Court and their counsel also did not appear in the Court. One Laxmi Narain, filed application in the Court with the allegations that the counsel was out of station and could not appear in the Court. On the same day the Court rejected the adjournment application with the reasons that the ground mentioned in the application was insufficient. Thereafter he proceeded with the suit and passed the following order :-"No evidence adduced by the parties. The suit is dismissed with costs for want of evidence.Sd/-27-8-1980"