RAMHET Vs. AJAYPAL SINGH

JUDGEMENT

(1.) This second appeal is filed by the defendants challenging the judgment and decree dated 29-3-1994 passed by the Additional District Judge, Lahar, District Bhind in Civil Appeal No. 17A/93. By the said judgment and decree the learned Judge has affirmed the judgment and decree dated 30-10-1993 passed by the Civil Judge Class I, Lahar in Civil Appeal No. 250A/90.

(2.) This appeal is admitted by this Court on the following substantial questions of law:

(3.) The brief facts of the case are that the respondents-plaintiff filed a suit for declaration of his title in respect of the agriculture land bearing survey No. 327 having an area of 0.993 hectares. The said suit was filed on 1-5-1986. The notices of the suit wre returned 'as served', and since no one appeared, the defendants were proceeded ex-parte by order dated 9-3-1990. The case was then fixed for recording of ex-parte evidence on 8-5-1990 on that date ex-parte evidence was partly recorded. On 20-6-1993 the appellants moved an application under Order 9, Rule 7 C.P.C. for setting aside ex-parte decree. The ex-parte evidence was closed by the plaintiff on 5-10-1993. The arguments on the application under Order 9, Rule 7 C.P.C. were heard by the trial Court on that date andon 27-10-1993 the order was passed rejecting the said application holding that since the evidence is already closed the application filed by the present appellants under Order 9, Rule 7 C.P.C. is not maintainable. For this purpose the trial Court has relied on the judgment by this Court in case of Kedarnath v. Tulsabai and, therefore, the ex-parte decree was passed. This ex-parte decree was challenged by the appellants by filing first appeal and by the impugned order the first appeal is rejected.