MANOJ Vs. KAILASHCHANDRA

JUDGEMENT

(1.) The present second appeal has been preferred against the judgment and decree dtd. 25/11/2022 passed by the Additional District Judge No. 1, Bhilwara in Civil Appeal No. 15/2021 whereby the appeal of the appellant/plaintiff has been dismissed and the judgment and decree dtd. 6/3/2021 passed by the Additional Civil Judge No. 3, Bhilwara in Civil Original Case No. 166/2006 (CIF No. 1766/2014 has been confirmed. The learned Trial Court vide judgment and decree dtd. 6/3/2021 dismissed the suit as preferred by the plaintiff for declaration of decree dtd. 26/9/2001 passed in Civil Suit No. 330/1992 (68/86) to be null and void.

(2.) The facts of the case are as under:

(3.) In the present suit, Lilaram was also impleaded as defendant No. 11 but he did not prefer to appear or file any written statement and ultimately, the suit was proceeded ex-parte against him.