LAWS(MPH)-2013-11-100

BRIJ VALLABH Vs. BAIJNATH SINGH

Decided On November 19, 2013
BRIJ VALLABH Appellant
V/S
BAIJNATH SINGH Respondents

JUDGEMENT

(1.) The instant appeal is directed against the reversing judgment dated 29.6.2001 passed in Civil Appeal No. 49-A of 1998 by the First Appellate Court setting aside the judgment and decree dated 3.4.1998 passed in Civil Suit No. 132A/1997.

(2.) This Court while admitting this second appeal has framed following substantial question of law vide order dated 13.11.2002:

(3.) From perusal of the order sheets, it appears that respondents plaintiff have chosen not to appear before this Court, despite service of notice and SPC issued. In the last order sheet dated 3.10.2013, this Court has observed ever since 1s t November 2012 despite several dates being fixed and SPC issued to the respondents plaintiffs no one has appeared on their behalf. However, as a measure of last indulgence Court again offered opportunity to respondents to appear before the Court and case was ordered to be listed in the week commencing 21s t October, 2013 but no one appeared. Under these circumstances, on 14.11.2013 case was finally heard.