HARBANS LAL Vs. VIDYA DEVI

JUDGEMENT

(1.) This revision petition under Sec. 115 CPC is directed against the order passed by the learned District Judge, Hamirpur, on 21/11/2009 ('impugned order'), whereby he affirmed the order passed by the learned trial Court on 30/6/2006, dismissing the application for restoration of the suit which was dismissed in default.

(2.) Brief facts leading to the filing of the present petition are that the predecessor-in-interest of the present petitioner Harbans Lal and Yog Raj filed a suit for permanent prohibitory injunction against the respondents before the trial Court at Hamirpur and on 20/5/1996, the suit was decreed for possession of the house situated on the suit land by way of ejectment and further the respondents were restrained from raising construction on the suit land.

(3.) Aggrieved by the judgment and decree passed by the learned trial Court, the respondents filed an appeal before the learned first appellate Court i.e. Additional District Judge, Hamirpur, who vide his judgment dtd. 24/5/2003 allowed the same and remanded the case to the learned trial Court for decision afresh with a further direction to afford opportunities to the parties to lead evidence on the additional issues framed. The parties were directed to appear before the learned trial Court on 8/7/2003.