SOHAN LAL Vs. HARI RAM

JUDGEMENT

(1.) THE controversy involved in the present Regular Second Appeal is whether in the absence of the defendant-appellant or his counsel on the date of arguments, could the Appellate Court dismiss the appeal on merits.

(2.) THIS is defendant's appeal arising from a suit for declaration and in the alternative for possession filed by the plaintiff-respondent. The learned trial Court vide judgment and decree dated 30.1.1987 decreed the suit of the plaintiff-respondent. The defendant-appellant questioned the said judgment and decree and preferred an appeal before the learned District Judge, Narnaul. The appeal was admitted for hearing on 16.10.1987. The case was fixed on 5.6.1990 for arguments when neither the appellant-defendant nor his counsel appeared and the lower Appellate Court dismissed the appeal of the defendant-appellant on merits. The defendant-appellant has assailed the judgment and decree dated 5.6.1990 in this Regular Second Appeal.

(3.) CONSEQUENTLY , this appeal is allowed. The judgment and decree dated 5.6.1990 passed by the learned Appellate Court are set aside and the matter is remanded back to the Court of learned District Judge, Narnaul to decide the same afresh, in accordance with law.