HARMAN DAS SETHI Vs. HARIDWAR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Present appeal has been filed against the order dated 28.4.2000 passed by the Civil Judge (S.D.), Haridwar in Misc. Case No. 17 of 1999 and 16 of 1999, thereby rejecting the application of the appellant under Order IX, Rule 9, C.P.C.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that the plaintiff appellant filed a Civil Suit being No. 87 of 1993 before the Civil Judge (S.D.), Haridwar for permanent injunction praying that the defendant may be restrained from interfering in the possession of the plaintiff over the land in dispute. Written statement was also filed by the defendant.

(3.) THE learned Civil Judge rejected the application of the appellant merely on the ground that the plaintiff failed to prove that he was not able to walk due to illness. Further the Court below has given finding that if the plaintiff was ill he may depute some Pairokar to seek adjournment.