DARSHAN KUMAR MEHRA Vs. MOHD ALFAT

JUDGEMENT

(1.) This Civil 1st Appeal has been preferred by appellants against respondents, whereby, impugned judgment and decree dtd. 13/12/2012 passed by 2nd Addl. District Judge Srinagar in Civil Original Suit bearing No. 33 of 2007 titled Darshan Kumar Mehra V/s Mohd Altaf Basmar Ahmad Mir and Ors whereby suit of appellants/plaintiff has been dismissed. Being aggrieved of the impugned Judgment and decree, appellants has questioned it's legality, propriety and correctness and has sought it's setting aside/quashment on the following grounds:-

(2.) In terms of the order of this court dtd. 14/12/2012 respondents though served through publication, choose not to appear and contest the appeal and were therefore set ex-parte.

(3.) Ld. Counsel for appellant has vehemently sought the setting aside of impugned judgment and decree dtd. 13/2/2012 passed by the Ld. 2nd Addl. District Judge Srinagar by projecting arguments, that the ex-parte decree impugned against defendants dismissing the recovery suit of appellant/plaintiff has been passed without hearing and in absence of plaintiff's counsel, without allowing plaintiff's counsel to file application under Order 18 Rule 3 CPC and without considering the evidence led by the plaintiff which was already on record and was not discussed whether it was sufficient to direct dismissal of the suit. To support his arguments, Ld. Counsel has relied upon the judgments reported in (i) AIR 1981 SC 2235[Pandurang Jivaji Apte-Appellant Versus Ramchandra Gangadhar Ashtekar (dead) by LRs and Ors.-Respondents]& (ii) AIR 1984 Bombay 340 [Nathulal Gangabaks Khandelwal and others, Petitioners V. Smt. Nandubai and others, Respondents].