DEOSARAN PRAJAPAT Vs. BANWARI LAL

JUDGEMENT

(1.) This Civil Revision application is directed against the order dated 16-8-1985 passed by Sri S. Prasad, Execution Munsif, Gaya in Misc. Cases No. 13 of 1978 whereby and whereunder he rejected the application filed on behalf of the petitioner with regard to maintainability of the case as a preliminary issue.

(2.) The facts of this case lie in a very narrow compass. The plaintiff opposite party filed Title Suit no. 19/18 of 1966/70 and in the said suit defendant petitioner had appeared.

(3.) From the order sheet dated 15-12-1978 as contained in Annexure-1 of this application it appears that the plaintiff did not take any step on that date whereas the defendants filed their attendance. It appears that the case was called out repeatedly but nobody appeared on behalf of the plaintiff nor any step was taken and the suit was dismissed for default.