ROSHAN LAL Vs. KEWAL SINGH

JUDGEMENT

(1.) DELAY of 635 days in filing this Regular Second Appeal, is sought to be condoned through medium of this application filed on behalf of the defendants/applicants. The admitted factual position relevant for purposes of the present application is noticed below :-

(2.) RESPONDENT No. 1. herein filed a Civil Suit No. 85 of 2002, against the applicants and respondent Nos. 2 to 5 in the Court of Addl. Civil Judge (Senior Division), Gohana, claiming declaration with consequential relief of permanent injunction. The defendants were proceeded ex-parte in the trial Court and consequently, the suit came to be decided vide judgment and decree dated September 25, 2004. The trial Court, however, dismissed the suit of the plaintiff. The circumstances where-under the applicants and respondent Nos.2 to 5 herein (defendants in the suit), were proceeded ex-parte are not evident from the judgment of the trial Court. The trial Court simply made following observations in para 3 thereof :-

(3.) IN the judgment impugned, there is no mention whether the respondents were served or not. The applicants have quoted interlocutory order dated October 21, 2004, passed by the lower Appellate Court, which reads as under :-