GRAM PANCHAYAT, SARSWATI KHERA Vs. RAM KISHAN

JUDGEMENT

(1.) THIS is revision against the order dated 16.10.1986 of District Judge, Kurukshetra whereby he had dismissed the appeal of the gram panchayat of village Sarswati Khera against Ram Kishan etc. from the order of Sub Judge First Class, Kaithal dismissing the application of the gram panchayat for the setting aside of the ex parte decree dated 2.12.1983 in civil suit No. 296 of 1983 titled Ram Kishan and others v. Gram Panchayat for permanent injunction.

(2.) RAM Kishan and others filed suit No. 296 of 1983 against gram panchayat of village Sarswati Khera for permanent injunction restraining it from interfering with their possession on baras in suit situated outside the abadi deh of village Sarswati Khera but inside the revenue estate of village Sarswati Khera. Ex parte stay was granted to the plaintiffs. Gram Panchayat passed resolution No. 1 dated 17.5.1983 authorising Man Singh to get the stay vacated. Man Singh engaged Shri Y.K. Mangal and Shri M.K. Mangal, Advocates who moved application for vacation of stay on 15.6.1983, the Court passed consent order ordering the maintaining of status quo with regard to possession. Case was adjourned to 8.8.1983 for written statement. On the said date written statement was not ready. Case was adjourned to 29.8.1983. Written statement was again not ready. Case was adjourned to 26.9.1983 on payment of Rs. 20/- as costs. On 26.9.1983 again, neither written statement was filed nor cost was paid. Shri M.K. Mangal, counsel for the gram panchayat made statement pleading no instructions on behalf of the gram panchayat saying that the gram panchayat had taken away the brief of the case from him. Case was adjourned to 3.11.1983 and so on. On 2.12.1983, ex parte evidence was recorded and ex parte decree was passed.

(3.) VIDE order dated 14.3.1986, Sub Judge First Class, Kaithal dismissed this application and refused to set aside the ex parte decree in view of his finding that there was no sufficient cause to set aside the ex parte decree. Application was found to be time barred also.