RANJIT SINGH AND OTHERS Vs. ARJAN SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for the recovery of Rs. 4,080/- on the basis of a pronote has been dismissed by both the Courts below.

(2.) Ranjit Singh plaintiff, through his attorney Tarsem Lal, filed the suit against Arjan Singh defendant for the recovery of Rs. 4,080/- on the basis of pronote dated 9.12.1965. Initially the suit was decreed ex parte against Arjan Singh on 22.10.1969. However, the said ex parte decree was set aside vide order dated 18.11.1972. On 13.2.1975 counsel for the plaintiff stated that Tarsem Lal, Mukhtar of plaintiff, Ranjit Singh, had died on 17.8.1973 and he be allowed to file a fresh power of attorney. According to the trial Court, since Tarsem Lal Mukhtar had died on 17.8.1973, no such permission could be granted after such a long time and, therefore, it came to the conclusion that because of non-appearance of the plaintiff in proceedings during 17.8.1973 to 18.2.1975, the suit stood dismissed on 13.2.1975 when it was concluded. Dissatisfied with the same, the plaintiff, through his Mukhtar Banarsi Dass filed the appeal. However, the learned Additional District Judge found no merit in the appeal and dismissed the same. Dissatisfied with the same, the plaintiff has come in second appeal in this Court.

(3.) No one is present on behalf of the defendant despite service and issuance of actual date notice.