MOHD.MIYAN Vs. NAWAB HUSSAIN

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent.

(2.) Instant second appeal has been preferred on behalf of the plaintiff-appellant challenging the judgment and decree dtd. 24/1/2019 passed by The IIIrd Additional District and Sessions Judge, Pilibhit in Civil Appeal No. 1 of 2016 (Mohd. Miyan Vs. Nawab Hussain) dismissing the appeal of the plaintiff-appellant preferred against the judgment and decree dtd. 2/12/2015 passed by the Civil Judge (Junior Division), Pilibhit in Original Suit No. 131 of 1995.

(3.) Plaintiff-appellant has filed suit for permanent injunction against the defendant-respondent, which was concurrently discarded by the courts below. Instant second appeal has been preferred on behalf of the plaintiff-appellant on the limited point qua opportunity of hearing with a plea that first appeal filed on his behalf has been dismissed ex parte in his absence without affording him opportunity of hearing in violation of the provisions as enunciated under Order 41 Rule 17(1) of C.P.C.