Alok Sharma, J. - (1.) THIS miscellaneous appeal under Order 43 Rule 1(o) CPC has been filed by the appellants -defendants (hereinafter 'the defendants') against the order dt. 14 -2 -2005 passed by Additional District Judge No. 1, Alwar, setting aside the judgment and decree dt. 28 -2 -2001 passed by Additional Civil Judge No. 3 Alwar and remanding the matter to trial Court for re -adjudication on merits. Heard learned counsel for the appellant and perused the impugned order dt. 14.2.2005.
(2.) AMONGST the grounds for remand one ground was that the trial Court had read in evidence affidavits of defendants Battu Saini and Govindi Devi, filed in respect of the application under Order 39 Rules 1 & 2 CPC at the time of the trial of the suit by which time they both had expired. The Appellate Court held that the said affidavits could not have been read in evidence, more so as the defendant had no opportunity of cross examination thereon at any time. Yet the trial Court had taken the said evidence into reckoning for adjudicating the suit. The appellate Court thus found retrial of the suit necessary for reason of the trial court's gross procedural irregularity in adjudicating the suit.
(3.) IN my considered opinion, the order passed by the lower appellate Court is just and reasonable warranting no interference by this Court. I find no merit in the miscellaneous appeal and the same is dismissed.;