- (1.) THIS appeal under Order XLIII, Rule 1(w) CPC is directed against order dated 27.01.1998 passed by the learned Additional District Judge, Sojat, whereby, application for review filed by respondent Municipal Board, Sojat has been accepted and the judgment and decree dated 16.05.1997 passed in regular first appeal by the said Court has been set aside and it has been directed that the appeal be registered again and be reheard.
(2.) THE facts in brief are that the plaintiff-appellant filed a suit for declaration and injunction against respondent-Municipal Board, Sojat and State of Rajasthan in respect of Khasra No.773, ad measuring 17 biswa, renumbered as Khasra No.2040/3598 for declaration of his title and injunction against the defendants; the suit was contested by the Municipal Board, which disputed the possession of the plaintiff and raised issue about jurisdiction of the Court. The learned trial court framed several issues. Evidence was led by the plaintiff, however, as no one was present on behalf of the Municipal Board, the matter was ordered to be proceeded ex parte. The application filed by the Municipal Board for setting aside ex parte order was dismissed and second application was also dismissed. The Municipal Board filed revision petition under Section 115 CPC before this Court, which was also dismissed.
(3.) THE learned trial court after hearing the plaintiff decreed the suit on 22.10.1996 and granted decree of declaration of title and injunction against the defendants.;