1. This second appeal is rested against the judgment and decree the Senior Subordinate Judge, Karnal, exercising enhanced appellate powers, by which the plaintiff-appellant s first appeal was dismissed on the ground of non-maintainability.

2. The plaintiff-appellant is the Municipal Committee, Thanesar, which filed a suit for possession of a site against defendant-respondents claiming to be its owner and alleging that it is in illegal occupation of the respondents. The suit was contested by the respondents and on the pleadings of the parties a number of issues were framed by the trial Court. One witness of the plaintiff was thereafter examined as PW 1. On August 8, 1973, the case was adjourned to 7-11-1973 for the appellant s evidence. On the date fixed i.e. 7-11-1973, neither anyone appeared on behalf of the appellant-Municipal Committee nor the remaining evidence was led. The trial Court thereupon closed the appellant s evidence and dismissed the suit on merits holding the issues against the appellant. Although it was observed in the order by the trial Court that the appellant s evidence was being closed under O.17, R.2 of the Civil P. C. but after appraising the material