JHAMAN BHAGAT Vs. KHIRU ROY AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant. The appellant was plaintiff before the trial court and is aggrieved by the judgment and decree dated 28.5.2010 passed by learned District Judge, Vaishali at Hajipur in Title Appeal No. 30/2006 whereby he confirmed the judgment and decree dated 29.8.2006 and 5.9.2006 respectively, passed by learned Munsif-I, Vaishali in Title Suit No. 120 of 1997 whereby he had dismissed the suit.

(2.) The second appeal has been placed before me for hearing under Order 41, Rule 11 of the Code of Civil Procedure.

(3.) It seems that the suit was set for ex parte hearing against all the defendants as they did not appear in spite of service of notice and publication of notice in the gazette.