SURESH CHANDRA SHARMA Vs. SURENDRANATH

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dt. 21.1.1997, passed in Civil Appeal No. 15A/96 of Vth Addl. Judge, to Distt. Judge, Morena, thereby, confirming judgment and decree dtd. 19.11.1992 passed in Civil Suit No. 106A/88 of 1st Civil Judge, Class I, Morena, appellant/defendant has filed this second appeal praying for setting aside the judgment and decree of both the Courts below.

(2.) PLAINTIFF /respondent No. 1 to 4 had instituted the suit for eviction and arrears of rent against Shiv Singh Sharma and respondent No. 5,6 and 7. During pendency of suit, defendant No. 1 Shiv Singh Sharma expired and application to bring his legal representatives on record, was moved. The appellant as his legal representative, was found served on the basis of refusal of service. The learned trial Court after substituting LRs. on record proceeded ex -parte against appellant on the assumption of his service on the application for substitution as LRs. and decided the case on merits. Against the judgment and decree of the trial Court, appeal was also dismissed and the judgment and decree of trial Court was confirmed.

(3.) IT is an admitted position that on 8.9.1988, the case was fixed for consideration of application under Order 22 Rule 4 of CPC when the case was made ex -parte against appellant for non -appearance in pursuant to notice, which was refused by him. This was issued to him on an application under Order 22 Rule 4 of CPC and was not meant for regular hearing of the case. However, after substituting LRs. on record, the learned trial Court, further proceeded ex -parte against appellant for deciding the case on merits.