LAWS(ALL)-2019-7-1

NEHAL SINGH Vs. DUNGAR SINGH

Decided On July 04, 2019
NEHAL SINGH Appellant
V/S
DUNGAR SINGH Respondents

JUDGEMENT

(1.) Heard Sri Pankaj Agarwal, learned counsel for appellant. None has appeared on behalf of respondents through called in revise, hence I proceed to decide this appeal ex parte since it is pending for last 38 years.

(2.) This is a defendant's appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") arising from judgment and decree dated 24.08.1981 passed by Sri Akhtar Abbas, I Additional Civil Judge, Agra in Civil Appeal No.237 of 1980 whereby it has allowed plaintiff's appeal, set aside judgment and decree dated 19.05.1980 passed by Sri P. K. Agrawal, Ist Additional Munsif, Agra in Original Suit No.412 of 1978 whereby suit was dismissed; and the suit has been decreed.

(3.) Appeal was admitted by treating ground no.6 as substantial question of law and it reads as under :