RAM KHELAWAN SAH Vs. ANATHALAYA ASHRAM

JUDGEMENT

(1.) THIS second appeal has been filed by the sole plaintiff -appellant -appellant challenging the judgments and decree of both the learned courts below.

(2.) THE matter arises out of Title Suit No. 103 of 1987 which was filed by the plaintiff -appellant with respect to the suit land measuring 1 katha 11 dhurs by pole of 41/2 cubits of C.S. Plot No. 1558 (part) now M.S. Plot No. 367 Kha (Part) appertaining to C.S. Khata No. 129 now M.S. Khata No. 257 of Ward No. 6 of Katihar Municipality, Touzi No. 1239 within Thana No. 328 in Mouza Mirchai under Katihar Police Station in the District of Katihar for the following reliefs:

(3.) ALTHOUGH notices were sent and were duly served upon the defendants under the provision of Order V of the Code of Civil Procedure, but when none of them appeared, procedure of substituted service was taken and summons were put in the District Gazette of Katihar dated 16.08.1989, but even then none of the defendants appeared and the suit proceeded ex parte.