YASHPAL Vs. SHEOJI MAHARAJ

JUDGEMENT

(1.) The facts are : On 8-4-1985 a suit is filed by Sheoji Maharaj ; a deity, under Sec. 209, Z.A. and L.R. Act in the court of Sub-Divisional Officer Khurja, Bullandshahar. The case put forth by Jagdish Swaroop is that deity is bhumidhar tenant and was in possession ; that on 23-12-1984 defendant Yashpal Singh's have forcibly occupied a part area of disputed land. A report for action has been lodged at Police Station. The relief to eject the defendant from khasra No. 878 area 8-6-0 is prayed for.

(2.) A motion to issue a commission ; Advocate Commissioner submits a report. On 4-7-1985 an application is moved by defendants to allow time to for filing a written statement. This is allowed. An application again on 5-8-1985 because defendant's have gone out of the city. On 25-8-1985 an order is passed that suit shall proceed ex parte against defendants. On 4-11-1985 an application by defendant Yashpal Singh's to set aside the order dated 26-8-1985 on the ground that defendant Surjit Singh could not appear as one of his relative has suffered an accident and he has go to Delhi for help in treatment. Returning he contacts his advocate who tells that courts are closed in view of lawyer's strike. On several dates he fails to ascertain the dated fixed for hearing. On 30-10-1985 an order to proceed ex parte is on record. The case was listed for final orders for 5-11-1985. On these ground the relief to set aside the order dated 26-8-1985 is prayed for. An affidavit support various contentions. On 19-11-1985 a motion by plaintiff's advocate to reject restoration. On 10-7-1986 the trial judge enters an order decreeing the suit ; omitting to pass an order on defendant's application dated 4-11-1985. Crucially an order ejecting the defendants is. Aggrieved by the order Yashpal Singh's appeal in court next higher in Commission. On 5-11-1986 the appeal fails. So this second appeal by defendant Yashpal Singh's.

(3.) Heard the counsel for the parties ; perused the record.