MAHENDRA KUMAR JAIN Vs. RAJINDER SINGH CHAHAL

JUDGEMENT

(1.) Heard, learned counsel, Mr. Amar Kumar Sinha assisted by learned counsels for the appellant, Mr. Pratiush Lala and Mr. Sandeep Verma.

(2.) Learned counsel for the appellant has submitted that second appeal has been preferred against the judgment dtd. 13/6/2007 and decree signed on 27/6/2007 passed by Additional District Judge-13th, Dhanbad in Title (Eviction) Appeal No. 47 / 2005, whereby the appeal filed by the appellant / plaintiff has been allowed by setting aside the judgment dtd. 11/2/2005 and decree signed on 25/2/2005 passed by Subordinate Judge-Ist, Dhanbad in Title (Eviction) Suit No. 08 / 2000.

(3.) Learned counsel for the appellant has submitted that the learned trial court has rightly dismissed the suit under Order VIII Rule 10 C.P.C., as the appellant / respondent / defendant has not filed any written statement, on the basis of evidence brought on record. Order VIII Rule 10 C.P.C. reads as under: