NANHI DEVI Vs. RAM NIWAS

JUDGEMENT

(1.) Civil Suit No. 464 of 5.8.1989 for a decree of ejectment through pre-emption filed by Smt. Nanhi Devi plaintiff appellant against Ram Niwas and others defendants respondents was dismissed by Sub Judge Ist Class, Narwana, vide his judgment and decree dated 24.5.1989. Feeling aggrieved, the plaintiff challenged the said judgment and decree of the Subordinate Court in Civil Appeal No. 51 of 24.7.1989 in the Court of Shri Hari Ram, District Judge, Jind. Vide order dated 19.2.1990, the said appeal was dismissed for non-prosecution by the learned District Judge, Jind. Smt. Nanhi Devi filed an application under Order 41 Rule 19 read with Section 151 C.P.C. for setting aside of the said order dated 19.2.1990 and re-admission of the appeal. The learned District Judge Jind, dismissed the said application vide his order dated 5.11.1990.

(2.) It is that order of the first appellate Court which has been appealed against by the plaintiff in his S.A.O. and which requires my examination of its sustainability.

(3.) I have seen the record and the impugned order and have heared the learned counsel for the parties.