KAMTA PRASAD Vs. BEHARI LAL

JUDGEMENT

(1.) THIS is a defendant's Second Appeal.

(2.) THE plaintiff-respondent brought Suit No. 424 of 1967 for the ejectment of the defendant-appellant for a shop and for recovery of arrears of rent and damages. The suit ultimately came up for hearing on 27th November, 1971, after several adjournments granted at the instance of the defendant. On this day the court proceeded to hear the suit under Order XVII, Rule 3, C.P.C. After hearing the plaintiff it decreed the suit for ejectment and for arrears of rent and damages.

(3.) THE defendant, on 7th February, 1972 filed another application under Section 151, C.P.C. for the recalling of the order dated 5th February, 1972. This application was rejected by the learned Munsif on 28th March, 1972.