Hon’ble B.C. Kandpal, J.

This Civil Revision arises out against the judgment and order dated 31.05.2004 passed by learned Additional Civil Judge-I (Junior Division), Dehradun in Misc. Case No. 1 of 2004, arising out of Original Suit No. 137 of 2000, Pritam alias Sitara Hijra Vs. Rajni Hijra and others.

2. Brief facts of the case as emerged out from the record are that an Original Suit No. 137 of 2000. Pritam alias Sitara Hijra Vs. Rajni Hijra and others, was pending in the court of F.T.C. II, Dehradun, in which the date was fixed as 14.10.2003 The counsel for the plaintiff could not appear before the court on account of his ailment. However, the matter was decided exparte on 3.1.2004.

3. An application was filed by Mahfooz, pairokar of the plaintiff to set aside the exparte judgment and decree dated 3.1.2004 which was objected by the defendant/revisionist before the court below.

4. The learned court below after having considered the material available on record and hearing the arguments advanced by the parties, was pleased to allow the application on cost of Rs. 500/-. The court below set aside the judgment and decree dated 3.1.2004 in Original Suit No. 137 of 2000 and res