CHAND Vs. CHANDER KUMAR VAISH

JUDGEMENT

(1.) On September 7. 1972 Sri Chand presented an application under Order XLIV rule 1 of the Code of Civil Procedure, accompanied by a memorandum of appeal, for being allowed to appeal as a pauper against the order, dated July 20, 1972 made by Shri J.D. Jain, Additional District Judge, rejecting his claim for sharing the compensation awarded in respect of 2 Bighas and 18 Biswas of land. Along with the said application another application (Civil Miscellaneous No. 723) was also submitted by him with a request that the operation of the order sought to be appealed against may be stayed pending disposal of the appeal.

(2.) The application for being allowed to appeal as a pauper and the stay application were listed for September 11, 1972. On that date notice was ordered to be issued to the respondents and it was directed that if the amount of compensation had not already been withdrawn then out of the compensation awarded Rs. 23,160.20 shall not be with drawn pending further orders on the stay application unless security was furnised to the satisfaction of the Additional District Judge concerned for refund of the said amount in the event of the appeal being successful.

(3.) After service of notice when the applications were put up on April 17, 1973 it was directed by us that the case be listed for May 3, 1973 for hearing the counsel for the applicant as required by rule 1 (2) of Order XLIV of the Code of Civil Procedure. On May 3, 1973 the applicant or his counsel did not appear. We, however, adjourned the case to May 14, 1973 to give another chance to the applicant or his counsel of appearing and of being heard. On the last mentioned date the counsel for the applicant and the counsel for Chander Kumar Vaish (respondent No. 1) appeared. Thereafter there were some adjournments at the request of the counsel.