AMRI DEVI Vs. RIDMAL

JUDGEMENT

(1.) Instant two appeals have been filed against the judgments and decrees dated 21-5-91 passed by learned Additional District Judge, Barmer in Civil Appeal No. 8/89 filed by defendant respondents Nos. 1 and 2 and in Civil Appeal No. 9/89 filed by same defendant respondents whereby he set aside the judgments and decrees dated 21-8-89 passed by learned Munsiff Magistrate, Barmer in Original Civil Suit No. 31/84 between Amri Devi and Ridmal Singh and in Civil Original Suit No. 32/84 between Purshotam and Ridmal. Learned trial Court has decreed both the suits whereas the learned lower appellate Court dismissed both the suits.

(2.) On 2-2-93 notices were issued to defendant respondents Nos. 3 and 4 to show cause why the appeal be not admitted and allowed at admission stage. Now, notices have been duly served to all the respondents. Legal representative of deceased Ridmal Singh arrayed as respondent No. 1 have been substituted in the array of respondents as respondents No. 1/1 to 1/4 who are represented by learned counsel Shri S.C. Maloo. Shri Maloo also represents respondent No. 2. Irrespective of due service neither Kushal Singh nor Ran Singh respondents in these appeals are present personally nor they have engaged any counsel to do 'Pairvi' on their behalf. Therefore there is no alternative in these two appeals except to proceed ex parte against them as envisaged under sub-rule (2) of Rule 17 of Order 41, CPC.

(3.) Since in both the appeals common question of law and facts are involved therefore these two apepals can be conveniently finally disposed off by a common judgment. The appeal No. 118/91 shall be treated to be leading case.