LAWS(JHAR)-2010-3-66

DEVI DAYAL RAUT Vs. KAMLA DEVI

Decided On March 30, 2010
Devi Dayal Raut Appellant
V/S
KAMLA DEVI Respondents

JUDGEMENT

(1.) It appears that despite service of notice upon the Respondent Nos. 1 and 2 and even after their appearance although on the date before the last, when neither of the Respondents nor their lawyer appeared on call on the last date i.e. on 11.02.2010, this case was posted for today for hearing and the Respondents/their lawyer were directed to appear and submit arguments of their own desire against the reconciliation. Today, also on repeated calls, neither the Respondents nor their lawyer has appeared, though learned Counsel for the petitioner is present.

(2.) Under the circumstances, this writ application is taken up for hearing ex parte against the Respondent Nos. 1 and 2.

(3.) The petitioner, in this writ application, has prayed for quashing the order dated-19.03.2004, passed in Title Suit No. 67 of 1995, whereby the petitioner's/plaintiffs prayer for not allowing the Respondent No. 2 to contest the suit on the ground that the suit was contested by the father of the Respondent Nos. 1 and 2 and was decreed in terms of the compromise effected between the petitioner/plaintiff and the defendant-father of the Respondent Nos. 1 and 2, was dismissed and the trial court has allowed the Respondent Nos. 1 and 2 to contest the suit.