SMT. SURASATI Vs. BECHU LAL AND OTHERS

JUDGEMENT

(1.) THIS first appeal from order is directed against the judgment and order dated 28.5.1983 passed by the Special Judge Allahabad in Civil Appeal No. 687 of 1982 reversing the judgment and decree dated 23.8.1982. The trial court had decreed the plaintiff's suit on 23.8.1982 under Order 17 Rule 3 C.P.C. The defendant -respondents challenged the judgment and decree of the trial court in appeal before the appellate court. The lower appellate court allowed the appeal and remanded the case back to the trial court for decision in accordance with law and observations made in the judgment. The facts and pleadings in the case are not in dispute. Civil Suit No. 969 of 1979 was filed by Smt. Surasati against Banwari and three others for a declaration that the sale deed dated 24.4.1979 purporting to have been executed by the plaintiff in favour of defendants No. 1. 2 and 3 in respect of the plots detailed in the plaint was not binding upon the plaintiff and the same be cancelled.

(2.) THE suit was contested by the defendant -respondents in the trial court. 23.8.1982 was the date fixed for final hearing in the suit. On the said date the case was called out by the trial court at 11 A.M. The parties and their counsel were present in court. The learned counsel for the defendant -respondents took some time to cross -examine the plaintiff's witness, as he was busy in another court in some case. The case was again called out for hearing at 12 O'clock. The plaintiff was present with her witness. The defendant -respondents were also present but the defendants neither produced their evidence nor called their counsel. The case was adjourned to 12.30 O'clock on the same day.

(3.) THE original record of this case was lost. The record was reconstituted by the orders of this court. The parties were given full opportunity to participate in getting the record of the case reconstituted. The record of the case has been reconstituted and there is order of the court recording satisfaction and approval that the record has been correctly reconstituted. The complete order sheet of the suit is available on the reconstituted record. Page 17 of the order sheet dated 14.7.1982 shows that the issue regarding the valuation of the suit was decided in negative and 20.7.1982 was fixed for final hearing in the suit. On 20.7.1982 the court was on leave. 29.7.1982 was the date fixed for final hearing. On 29.7.1982 an application for adjournment was moved by the defendant -respondents, which was opposed by the plaintiff. Adjournment was allowed on payment of Rs. 15/ - as costs and 11.8.1982 was fixed for final hearing. The order sheet dated 11.8.1982 shows that second adjournment was prayed by an application which too was allowed on payment of Rs. 20/ - as costs fixing 23.8.1982. The order sheet of 23.8.1982 of the trial is reproduced as under: - -