KHEM SINGH Vs. VINOD KUMAR

JUDGEMENT

(1.) Defendant is the appellant before this court. Plaintiff,Vinod Kumar, filed a suit for recovery of Rs.16,500/- against the defendant. It was claimed that the aforesaid amount had been borrowed by defendant on May 17,1998 on the basis of a pronote and receipt. The plaintiff claimed that the aforesaid amount had not been repaid and,therefore, the suit in question was filed.

(2.) During the course of proceedings before the learned trial court, no evidence was led by the plaintiff despite a large number of opportunities granted to him. Consequently, his evidence was ordered to be closed and the suit filed by the plaintiff was dismissed by the trial court for want of any evidence.

(3.) The plaintiff took up the matter in appeal. Leaned first appellate Court held that the plaintiff had not been granted proper opportunity to led his evidence and,therefore, set aside the judgment and decree of the trial court and remanded the case back to the trial court by directing the trial court to afford one effective opportunity to the plaintiff to produce his evidence. This order passed by the appellate court has been assailed by the defendant-appellant through the present appeal. No one has chosen to appear on behalf of the plaintiff despite service. The record of the case shows that no one had appeared on behalf of the plaintiff-respondent despite the service of summons of the present appeal upon him. Consequently this court is left with no other alternative except to decide the appeal exparte.