DUDH NATH SINGH Vs. SHEONATH SINGH

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner as well as the pposite parties.

(2.) This revision application has been filed against the appellate order passed in Misc.Appeal No. 38 of 2005/3 of 2005 by Additional District Judge II, Gopalganj, allowing the appeal and setting aside the order dated 14-03-2005, passed by Additional Munsif II, Gopalganj, in Misc. No. 08/2001 dismissing the miscellaneous case filed for setting aside the ex-parte decree passed in T.S.No. 187 of 1988 of the said court.

(3.) The matrix of facts,not in dispute, is that T.S. No. 187 of 1988/134 of 2000 had been filed by the petitioner/plaintiff seeking declaration of title, recovery of possession and mesne profits as well as ancillary relief for injunction. The predecessor of the opposite parties of this revision application was the sole defendant in that suit and after his death the present opposite parties had been substituted in his place in this revision application.