GURBUX SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) L.N. Mittal, J. Defendant Gurbux Singh has filed this appeal assailing order dated 24.2.2009 passed by learned Additional District Judge, Kapurthala thereby dismissing appellant's application for restoration of the regular first appeal which had been dismissed in default vide order dated 13.11.2003.

(2.) SUIT filed by respondent � plaintiff Ranjit Singh against defendant � appellant was decreed by the trial court. Defendant preferred first appeal against judgment and decree of the trial court. Said first appeal was dismissed in default by the lower appellate court vide order dated 13.11.2003 because none appeared for the appellant in spite of repeated calls till closing hour of the court.

(3.) AVERMENTS made in the restoration application were controverted by plaintiff-respondent. It was pleaded that the appellant had been appearing in person in the court and had been taking the next dates from the court but on 13.11.2003 neither the appellant nor his counsel appeared in the court till 4.00 PM and therefore, the appeal was rightly dismissed in default and there is no ground for restoring the same. Averments made in the restoration application were controverted.