RAMESHWAR PD Vs. RAJASTHAN GOVERNMENT

JUDGEMENT

(1.) This revision filed by the defendant arises out of an appellate Order refusing to restore the case.

(2.) The plaintiff brought a suit for ejectment and arrears of rent and after number of adjournments the case was fixed for 20th July, 1956 for final hearing. On that date the defendant filed an application for adjournment on the ground of illness. This application was partly granted inasmuch as the defendant was given time till the 24th of July, 1956, for production of his evidence while the plaintiff's evidence was ordered to be recorded that very day. The defendant's counsel wanted time to prepare the case for cross examination of the plaintiff's witnesses till after lunch. That time was also granted. When the case was taken up after lunch the defendant counsel stated that he had no instructions. After recording plaintiff's evidence the case was adjourned to 24th July, 1956 for judgment but even on that date the defendant failed to appear. The case was decided on merits. An application for restoration which was made on 23rd August, 1956, has been dismissed by both the Courts below holding that the suit had been decided under Order 17, Rule 3 Civil Procedure Code and the remedy of the defendant, if any, lay in filing an appeal and not in restoration. It is against these orders that the present revision has been filed.

(3.) It is contended by Sri K.B.L. Caur that the Court had no jurisdiction to proceed to fix a date for judgment after having allowed time and that the case could not be decided under Order XVII, Rule 3. Both these contentions have no force.