RAMESHWAR Vs. GOVIND & ANOTHER

JUDGEMENT

(1.) The appellant/ Plaintiff' has filed the present second appeal being aggrieved by the judgment dated 12.07.2017 by which the first appeal has been dismissed as not maintainable.

(2.) The appellant/plaintiff filed the suit seeking relief of declaration and permanent injunction in respect of the land bearing Survey No.1332, area 0.209 hectares . He sought declaration to the effect that, he is entitled for correction of entries by way of decree of the area of the land which has wrongly been recorded as 0.209 hectares in place of 0.245. Vide order dated 06.08.2015, the suit was directed to be registered and the summons were issued to the defendants. By 11.09.2015, both the defendants have filed their written statement. Vide order dated 13.10.2015, the suit was fixed for framing of issues and the parties were directed to submit their list of witnesses. Vide order dated 21.11.2015, the case was fixed for plaintiff's evidence on 18.11.2015. On 18.11.2015, the counsel for the plaintiff has filed application seeking adjournment that the plaintiff is not present in the Court due to his health condition. Learned Trial Court has declined to adjourn the case and dismissed the suit for want of evidence.

(3.) Being aggrieved by the aforesaid order dated 18.11.2015 the plaintiff preferred an appeal under Section 96 of the CPC. Learned Additional District Judge vide order dated 12.07.2017 has dismissed the appeal as not maintainable, hence, the present second appeal before this Court.