ACTING C. J. FOR HIMSELF AND Dr. ANAND J.

1. In order to appreciate and determine the controversy in this case, it will be necessary to give briefly the sequence of events leading up to this reference. Plaintiff, Shyam Lal Dhar used the defendant, M/s Ply Board Industries, for possession of land measuring 7 kanals and 11 marlas situate at village Sampora as also for compensation and damage amounting to Rs. 7,200/-. The suit was filed on 6.4.1956 in the court of Additional District Judge, Srinagar. The defendant put in his appearance and engaged late Shri A. N. Raina at his counsel. Mr. Raina appeared and conducted the case on behalf of the defendant on several hearings till 17.10.1978 when he absented himself with the result that the court proceeded exparte against the defendant. Thereafter the case was adjourned several times but no one appeared for the defendant to have the exparte proceedings set aside. Eventually the trial court passed a decree against the defendant exparte on 23.3.1969. The plaintiff took out execution on 7.8.1969 as a result of which one station wagon belonging to the defendant was attached. Thereafter, the defendant-Company moved an application on 20.8.1969

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