- (1.) The instant second appeal has been preferred against the judgment and decree dated 29.04.2010, passed by learned Civil Judge (S.D.) Third, Faizabad in Regular Suit No.13 of 1995, by which the plaintiffs' suit for permanent injunction was dismissed ex-parte against which the appellant preferred civil appeal no.87 of 2010 which was also dismissed ex-parte by learned Additional District Judge, Court No.2, Faizabad. Hence, this second appeal has been preferred which has been admitted on the following substantial questions of law:- "1. Whether the learned Trial Court as well as learned First Appellate Court were justified in discussing the pleas taken by defendant in his written statement, in violation of Order 8 Rule 2, 3, 4, 5 and 10 of the Code of Civil Procedure 2. Whether the learned Trial Court and learned First Appellate Court were justified in rejecting the evidence lead by the plaintiff which was not rebutted by the defendant, in violation of Section 101 of Indian Evidence Act"
(2.) The respondents did not appear even in this Court in spite of service and the appeal was heard ex-parte. Now, it is the case in which the defendants did neither appear before the learned Trial Court nor before the learned First Appellate Court nor before this Court.
(3.) Heard learned counsel for the appellant and gone through the records.;