PRAVIN KUMAR SINGH Vs. LAL BAHADUR RAM

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment and Decree dated 1.6.1988 passed by Sub -Judge -I, Bhabhua, district Rohtas, in Title Appeal No.9/1984 whereby and whereunder the Judgment and Decree dated 31.5.1984 passed by Munsif, Bhabhua in Title Suit No. 93/1981 has been reversed.

(2.) THE suit was contested by the defendant and the original court dismissed the suit of the plaintiff. Then an appeal was preferred by the plaintiff -appellant and the Appellate court reversed the Judgment and Decree of the trial court and decreed the suit of the plaintiff, but such Appellate Judgment was passed ex -parte without hearing the defendant -respondent who is now appellant before this Court.

(3.) VERY peculiarly when the Misc. Appeal was called on for hearing the said Misc. Appeal was withdrawn and dismissal order was passed. The order of the Appellate Court i.e. High Court passed on 22.11.1996 in Misc. Appeal No. 108/1989 is in the following manner :