NASHIMALAM Vs. SHRIMUKUND SINGH AND OTHERS

JUDGEMENT

(1.) This revision petition involves,a challenge to an order dated, 10.3.92 passed by the learned Munsif Jhalawar in Civil Suit No. 106/79, whereby the learned Munsif has rejected an application filed by the defendant-petitioner, Nashim Alam, for recall of all witnesses who had been examined before 23.10.89 for fresh examination.

(2.) A suit for rent and ejectment has been filed by the plaintiff-non-petitioner Mukund Singh against Nashim Alam and non-petitioners No. 3,4 and 5. Shri Mukund Singh has pleaded that his father had inducted Shri Mumtaj Alam as tenant. The defendants are legal heirs of Mumtaj Alam. The grounds of ejectment set out in the suit filed by Mukund Singh are based on reasonable and personal bonafide necessity, denial of title and default in payment of rent.

(3.) On 5.4.80, the trial court passed an order for ex-parte proceedings against the defendants because, they were absent. After over 9 years, the petitioner filed an application dated, 10.7.89 for setting aside the order of ex-parte proceedings. He claimed that notice of the suit had not been served upon him and he had no knowledge of the proceedings which were going on against him in the suit filed against him by Mukund Singh. By its order dated, 23.10.89, the learned Munsif, Jhalawar set aside the order of exparte proceedings by holding that the service of summons was effected by affixation and, according to the learned Munsif it was in the interest of justice to hear the defendant.