JAGDISH Vs. SHIV KUMAR

JUDGEMENT

(1.) THIS Regular Second Appeal arises out of the judgment, and decree dated 5.12.2002 passed by the Additional District Judge, allowing the appeal of Respondent No. 1 Defendant thereby setting aside 342 All India Criminal Law Reporter 2008(1) the judgment and decree dated 22.9.2001 passed by Civil Judge (Jr. Division), Karnal.

(2.) AFTER hearing the counsel for the parties, I am of the opinion that following substantial question of law is involved in the present appeal:

(3.) IN appeal preferred by Respondent No. 1 Shiv Kumar, the First Appellate Court set aside the judgment and decree of the trial Court and dismissed the suit. The First Appellate Court set aside the judgment of the trial Court, firstly on the ground that the will which was assailed in the suit, has not been produced and secondly on the ground that the trial Court has recorded findings of fact on the basis of statements of witnesses recorded ex -parte and in absence of the Defendants were relied upon without subjecting them to cross -examine by the appearing Defendants, even after setting aside the ex - parte proceedings, and thirdly on the ground that some of the Defendants were minor.