BHAJAN LAL Vs. BALVIR SINGH

JUDGEMENT

(1.) INSTANT First Appeal has been preferred against the judgment and decree dated 23. 12. 1980 passed by learned District Judge, Sri Ganga- nagar in Civil Original Suit No. 61 of 1974 dismissing the suit with costs filed by the plaintiff-appellant.

(2.) THE first appeal was admitted on 5. 5. 1981. Notice was issued to the sole respondent. Irrespective of due service on him, neither he is present in Court personally nor he has engaged any counsel. In such circumstances, this Court has no alternative except to proceed ex parte against the respondent as provided under sub-rule (2) of R. 17 of O. 41 CPC.

(3.) THE facts and circumstances of the present case are also squarely covered with the facts and circumstances of the case of Berudan & Ors. (supra ).