JAGATBANDHU Vs. DEENBANDHU MORCHHALE

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed at the instance of first defendant Jagatbandhu against the order dated 02.01.2012 passed by learned Special Judge, Harda in Civil Appeal No.15 -A/2011 whereby the judgment and decree dated 21.04.2011 passed by learned First Civil Judge, Class -II Harda in Civil Suit No. 313 -A/2010 has been affirmed.

(2.) A suit for partition has been filed by the plaintiff. The defendants were served with the summons and they also filed a joint written -statement. The issues were also framed by learned Trial Court but later on at the time of adducing the evidence, defendant no.1 did not remain present in the Trial Court, as a result of learned Trial Court passed a decree in ex parte decreeing the suit of plaintiff. Thereafter first appeal was filed by the appellant -first defendant was barred by time. Learned First Appellate Court did not condone the delay in filing the appeal and eventually dismissed the first appeal as time barred.

(3.) IN this manner this second appeal has been filed by the defendant no.1 -appellant, which has been admitted on the following substantial question of law: -