Arun Kumar Goel, J.

1. Civil Suit No. 29 of 1985 was initially filed in this Court by Shri Jawahar Lal Jain against Shri P.S. Multani. With the enhancement of pecuniary jurisdiction of the District Courts, it was assigned to the Court of District Judge, Shimla, for disposal in accordance with law.

2. At this stage it may be appropriate to notice that most of the Plaintiff's evidence was recorded in this Court. Only cross-examination of PW-8 Shri S.C. Dave was deferred, which was to be continued after summoned record was received. Trial Court recorded the statement of PW-10 Shri Rajinder Sethi on 7.1.1998. Matter came up for consideration before the trial Court on this date. As none appeared on behalf of the Defendant, so after proceeding ex parte against him, ex parte statement of PW-10 was recorded. This was followed by hearing of arguments. Case was adjourned for pronouncement of judgment in the post lunch session on the same day. And finally ex parte decree was passed.

3. It is against this judgment and decree dated 7.1.1998, passed by the learned District Judge, Shimla, in Civil Suit No. 9-S/l of 1997/1985, present appeal is filed.

4. Appellants are the legal representative