MANSINGH GUPTA AND CO Vs. ASHOK KUMAR JAIN

JUDGEMENT

(1.) This revision petition is directed against an order dated 30th January, 1989 rejecting an application to review closing plaintiff's evidence on the ground of non-payment of costs.

(2.) This order has been assailed by the learned Counsel for the petitioner on the ground that on account of the marriage of the nephew of the Counsel for the plaintiff on 6th September, 1989 at Bombay, he sought an adjournment which was granted and the case was adjourned to 6th November, 1989. On 6th November, 1989, the partner of the plaintiff firm Anil Gupta had not turned up by the time the case was called. The case was adjourned to 30th January, 1990 subject to further payment of the costs as last opportunity. On 29th evening, the Counsel for the plaintiff apprehending that he would not be able to attend the case, requested Mr. B.P.S. Tyagi on 29th January, 1990 to come and attend to this case. The plaintiff did not cometo the Court costsimposed on the previous dates was not paid. Consequently, the evidence was closed and since the onus of all the issues was on the plaintiff, the suit was dismissed.

(3.) On 16th February, 1990, the plaintiff moved an application for review on the grounds that the plaintiff was bed-ridden and that he was the only witness to be examined. Since the plaintiff was bed-ridden, he could not come; the costs could not be paid. A Medical Certificate was also produced.