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1988 Supreme(Raj) 799

N.M.KASLIWAL
Bhairun Lal – Appellant
Versus
Ghasi Lal – Respondent


JUDGMENT

1. - This miscellaneous appeal by the defendant is directed against an order of the learned District Judge, Tonk dated 14-10-1987 rejecting the restoration application.

2. Brief facts of the case are that the plaintiffs filed a suit for ejectment on the ground of default in the payment of rent for more than six months. The suit was decreed by the trial court. Appeal filed by the defendant was also dismissed. Thereafter, the defendant filed a second appeal in the High Court. The High Court allowed the appeal, set aside the judjement and decree passed by both the lower courts and remand the case to the First Appellate Court. In the order of remanded the parties were directed to appear before the First Appellate Court on 8-8-1985. In the order of remand a direction was also given for determining the rent to be paid by the defendant. The defendant did not appear on 8-8-1985 and thereafter, the appeal was dismissed by order dated 31-8-1985. The plaintiffs then submitted a review application and the same was allowed exparte by the Lower Appellate Court by order dated 31-10-1985. The defendant in these circumstances filed an application for setting aside the orders dated 31-10-198




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