KESHO DEO RAJGARHIA Vs. SMT. RATIA AND ORS.

JUDGEMENT

(1.) THESE are four connected appeals in which the same questions of law and fact arise for determination and therefore, they are being disposed of by one and the same judgment.

(2.) THE Plaintiff -Appellant filed four suits against the Defendants -Respondents regarding different properties. One of the suits was for injunction, the other was for demolition, the third was for injunction and the fourth suit was for possession. All the suits were tried together and a date was fixed for the final hearing of these suits. The Plaintiff then moved an application for time to bring stay order from the High Court. 20 days' time was allowed. No such order was produced. All the four suits were, therefore, dismissed.

(3.) THE only question which has to be determined in these cases is as to whether the order of dismissal passed on 19th May, 1964 was one Under Order 17 Rule 3 Code of Civil Procedure or Under Order 17 Rule 2 Code of Civil Procedure. The learned Counsel for the Appellant contended that all the ingredients of Order 17 Rule 3 Code of Civil Procedure applied to the facts of the case and therefore, the impugned order had been passed Under Order 17 Rule 3 Code of Civil Procedure. On 28th March, 1964, the trial court fixed 29th April, 1964, for final hearing of there cases. On 29th April 1964, the Plaintiff made an application with a prayer that he be allowed one month's time to bring stay order from the High Court. The Plaintiff was allowed 20 days time to bring the aforesaid order. As no order was brought from the High Court, the case was taken up on 19th May, 1964 and resulted in the dismissal of the suits.