BIJLI COTTON MILLS PVT LTD Vs. CHHAGANMAL BASTIMAL

JUDGEMENT

(1.) This appeal is directed against the order of the Additional Civil Judge, Aligarh dismissing toe appellant's application under Order IX, Rul e9 of the Civil P. C.

(2.) M/s. Bijli Cotton Mills (Private) Ltd. carrying on business at Hathras in district Aligarh, filed a suit No. 55 of 1967 against M/s. Chhaganmal Bastimal, a partnership firm, carrying on business at Mewar Bazar, Beawar, District Ajmer (Rajasthan), Along with the defendant firm Sri Mishri Lal and Sri Gheesu Lal, the partners of the firm, were also arrayed as defendants. The plaintiff claimed relief for a decree of Rupees 4,85,000/- against the defendants. 2-A. The defendants appeared, filed written statement and contested the suit denying the liability.

(3.) On 8-7-1970 issues were framed, but the suit could not proceed for one reason or the other. On 6-2-1971 counsel for both the parties made a joint statement before the Court that hearing of the suit be stayed till the final decision of the suit No. 47 of 1966, Chhaganmal Bastimal v. Bijli Cotton Mills (Private) Limited pending in the Court of the Additional District Judge, Ajmer. On the statement of the counsel for the parties, the Court stayed the hearing of the suit. The defendants-respondents' suit filed at Ajmer was decided finally on 25-5-1971; thereafter proceedings in the suit before the Civil Judge, Aligarh proceeded. The suit was fixed for final bearing on several dates but for one reason or the other, it could not be taken up. Ultimately on 19-8-1974 the suit was taken up for final hearing. The plaintiff's counsel appeared and made a request for adjournment of the case. The Court refused to adjourn the hearing whereupon the plaintiff's counsel Sri S. P. Jaiswal, Advocate, stated that he had no instructions, the Court dismissed the plaintiff's suit under Order IX, Rul e8 of the Civil P. C.