RAJJAN LAL Vs. RUKMANI DEVI AND OTHERS

JUDGEMENT

(1.) This is a defendants appeal against the judgment and decree dated 6-8-1966 passed by the Civil Judge, Agra in Civil Appeal No. 526 of 1965.

(2.) Facts giving rise to this appeal are these:

(3.) The suit was contested by defendant No. 2 appellant. Issues were struck in the case on 21-8-1963. The suit was fixed for final hearing on 2-4-1965. On 1-4-1965 the appellant moved for adjournment which was allowed. Then again on 18-5-65 the appellant moved application for adjournment which was allowed. Then on 22-7-65 the appellant again moved an application for adjournment which was allowed. Thereafter on 7-9-1965 the hearing of the case was adjourned to 13-10-1965 on the application of the appellant. On 13-10-1965 the appellant was absent. His counsel did not appear. The trial court proceeded under O. 17, R. 3 C. P. C. On behalf of the respondents one witness Ram Charan Das only was examined. Then 16-10-1965 was fixed for judgment. On 16-10-1965 the judgment was delivered decreeing the respondents stiff. Against this decree the appellant filed appeal which was heard by the Civil Judge. On behalf of the appellant it was urged that the trial court was in error in proceeding to decide the suit on merits under O. 17, R. 3 C. P. C. and that the trial court should have proceeded ex parte under O. 17, R. 2 C. P. C. It appears that this contention did not find favour with the Civil Judge. Therefore, the appellants counsel assailed the decree on merits. The Civil Judge, therefore, dealt with the merits of the case and came to the conclusion that the trial Court had rightly held that the Kothari in dispute belonged to the respondents. Consequently, he dismissed the appeal.