1. - The present second appeal has been filed against the judgment and decree dated 27.2.1986 passed by the learned Additional Civil Judge, No. 1, Alwar in Civil Appeal No. 15/83, whereby the judgment and decree dated 25.1.1983 passed by the learned Additional Munsiff, Laxmangarh has been affirmed although the learned lower appellate Court while affirming the judgment and decree dated 25.1.1983 modified the amount of damages.

2. Aggrieved against the modification of judgment and decree under appeal passed by the learned lower appellate Court, this second appeal has been preferred by the plaintiff-appellant.

3. It is pertinent to mention that irrespective of due service upon the respondents, they have neither engaged any counsel on their behalf to do 'Pairvi' in the case nor they appeared in person in Court, therefore, I propose to proceed ex parte against them as contemplated under sub-rule (2) of R. 17 of 0. 41, CPC.

4. I have heard learned counsel for the appellant Mr. P.C. Jain.

5. It is contended by the learned counsel for the appellant that learned lower appellate Court has committed error in appreciating the oral and documentary evidence on record. Suffice it to say in t