SARDAR GURACHARANSING JAIMALSING Vs. SARDAR JASHWANTSING SUNDERSING

JUDGEMENT

(1.) The appellant had filed an affidavit stating that on 15-6-1981 his advocate had given an application for adjournment and that he was informed by him that the next date of hearing of the said matter was 15-7-1981 instead of 14-7-1981, and as there was misunderstanding about the date of hearing, he was not in a position to remain present on 14-7-1981. Looking to the fact that the appellant was all throughout vigilant in remaining present before the Court and that there was no negligence on his part in remaining absent on 14-7-1981 in view of the fact that he was informed by his advocate that the date of hearing was fixed on 15-7-1981, it would be in the interest of justice to allow this appeal and remand the case.