B.C.MISRA
HOSHIAR SINGH – Appellant
Versus
RAM DEV – Respondent
( 1 ) THIS revision petition has been filed by the plaintiff against the order of the Sub-Judge, dated 30th September, 1975, by which he has set aside the ex parte decree passed in favour of the petitioner against the respondents on 10th January, 1975 and has restored the suit to its original number on payment of Rs. 100/ as costs.
( 2 ) THE petitioner had instituted the suit for a permanent injunction restraining the respondents from dispossessing the petitioner from the land in dispute and from demolishing the boundary wall of the land in suit. The suit was contested and the evidence of the plaintiff had been closed. Opportunity was given to the defendant-respondents to adduce their evidence and they produced only one witness, but failed to produce the remaining evidence. On 10th January, 1975 the court decided to proceed ex parte against the defendants and answered the issues on the material placed on the file by the petitioner. As a result, it decreed the suit and granted the injunction restraining dispossession of the petitioner from the land in dispute and also awarded costs. On that date the respondents were not present.
( 3 ) SUBSEQUENTLY, the respondent moved
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