RAM SHABAD Vs. SMT. RAM RATTI AND ANOTHER

JUDGEMENT

(1.) This second appeal was admitted on 17.04.2014 on a substantial question of law as to whether the learned trial court passed the judgment on merit without hearing the parties or without evaluating their evidence in their absence and recorded evidence on issues suo-motu.

(2.) Heard Shri R.K. Sharma, learned counsel for the appellant and learned counsel appearing for the respondents.

(3.) The brief facts necessary for disposal of this second appeal are that plaintiff-appellant filed a suit for permanent injunction against the respondents to which the respondents filed their written statement and thereupon the learned trial court framed proper issues. However, when the date was fixed for evidence of the plaintiff-appellant, he neither appeared nor sought time for giving evidence. Consequently, evidence of the plaintiff-appellant was closed and further date was fixed for evidence of the defendant-respondents. On the said date, learned counsel for the parties were present, but the defendant-respondents neither sought time nor produced their evidence and consequently their evidence was also closed. A perusal of the record of lower court reveals that on the same date, learned trial court heard the counsel and reserved the case for judgment. Thereafter by the impugned judgment and decree dated 09.05.2005, the suit was dismissed.