PURUSHOTTAM Vs. TARSEM SINGH

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 22-1-2007 passed by the District Judge Udham Singh Nagar in Civil Appeal No. 62 of 2004 Purushottam and another Vs. Tarsem Singh, arising out of the judgment and decree dated 25-9-2004 passed by the Civil Judge (Junior Divi sion) Rudrapur, Udham Singh Nagar in Civil Suit No. 63 of 1999, Tarsem Singh Vs. Purushottam and another. By the judgment and decree dated 25-9-2004, the trial court had decreed the suit of the plaintiff- respondent, while the first ap pellant court dismissed the appeal by the judgment and decree dated 22-01-2007.

(2.) THE Second Appeal is admitted on the following substantial question of law: Whether the First Appeal can be de cided on merit in the absence of the ap pellants ?

(3.) IT is not disputed that the Civil Appeal No. 62 of 2004, Purushottam and another Vs. Tarsem Singh was heard by the appellate court in the ab sence of the appellants. IT reveals from a perusal of the impugned judgment and decree dated 22-01-2007 that no one was present on behalf of the appellants to argue the appeal, meaning thereby that the appeal was heard in the ab sence of the appellants.