BIMLA DEVI Vs. GUDDI

JUDGEMENT

(1.) In the present regular second appeal, challenge is to decree dtd. 1/3/2019 passed by the Civil Judge (Jr. Division) Sonepat, by which, the suit filed by the appellants/plaintiffs was dismissed under Order 17 Rule 3 of the C.P.C. for want of evidence and an appeal filed against the said decree, was also dismissed by the lower Appellate Court vide order dtd. 16/8/2022.

(2.) Learned counsel for the appellants submits that though, there is a miss but he is not able to submit as to whether the appellants were at fault or somebody else, who was representing the appellants before the Court below. Learned counsel for the appellants submits that the litigation should be decided on merits and therefore, order dtd. 1/3/2019 passed by the trial Court dismissing the suit filed by the appellants as well as order dtd. 16/8/2022 passed by the lower Appellate Court dismissing the appeal filed by the appellants against the said order, may kindly be set aside.

(3.) In the present appeal, it has come on record that issues were framed on 23/5/2018 and appellants-plaintiffs were directed to produce the evidence on 30/7/2018. Various opportunities were given to the appellants/plaintiffs on 5/9/2018, 20/10/2018 and 9/1/2019 to adduce the evidence but the same were not availed/encashed by the appellants/plaintiffs.