BHAIRUN LAL Vs. GHASI LAL

JUDGEMENT

(1.) THIS miscellaneous appeal by the defendant is directed against an order of the learned District Judge, Tonk dated 14 -10 -1987 rejecting the restoration application.

(2.) BRIEF facts of the case are that the plaintiffs filed a suit for ejectment on the ground of default in the payment of rent for more than six months. The suit was decreed by the trial court. Appeal filed by the defendant was also dismissed. Thereafter, the defendant filed a second appeal in the High Court. The High Court allowed the appeal, set aside the judgment and decree passed by both the lower courts and remand the case to the First Appellate Court. In the order of remanded the parties were directed to appear before the First Appellate Court on 8 -8 -1985. In the order of remand a direction was also given for determining the rent to be paid by the defendant. The defendant did not appear on 8 -8 -1985 and thereafter, the appeal was dismissed by order dated 31 -8 -1985. The plaintiffs then submitted a review application and the same was allowed exparte by the Lower Appellate Court by order dated 31 -10 -1985. The defendant in these circumstances filed an application for setting aside the orders dated 31 -10 -1985 as well as 31 -8 -1985. Learned District Judge by the impugned order dated 14 -10 -1987 dismissed the application filed by the defendant.

(3.) IN the result, this appeal is allowed the orders of learned District Judge, Tonk dated 14 -10 -1987 as well 31 -10 -1985 and 31 -8 -1985 are set aside. The parties are now directed to appear before the learned District Judge, Tonk on 27 -10 -1988. Learned District Judge will decide the appeal in accordance with the direction already given by the High Court in the order of remand passed in the second appeal. Parties shall bear their own costs. Learned District Judge will decide the appeal expeditiously as possible.