ARYA INSURANCE CO LTD Vs. LALA CHANNOOLAL

JUDGEMENT

(1.) These two civil revisions by the defendant arise out of two different orders passed in the same suit. The suit was instituted by Chhannoo Lal, the plaintiff-opposite-party, for recovery of certain sum as salary. Under the provisions of Order XI of the Code of Civil Procedure the defendant, on an application by the plaintiff dated the 22nd of August, 1953, was called upon to answer certain interrogatories and to make discovery of certain papers. Twelve days time was initially granted to comply with the order. On the 5th of September, 1953, time was extended by twenty days on defendant's application, which was again extended on 23rd September, 1953, by three weeks. The defendant still failed to comply with the order, with the result that the court suo motu granted further time and it finally passed an order on plaintiff's application No. 63-C dated 31st October, 1953, to the following ef feet:

(2.) On. 14-11-1953 the defendant made an application in review before the trial court praying for the setting aside of the order of the 31st of October, 1953, and an affidavit was filed to the effect thai on 28th September, 1953, a functionary of the defendant company had left for Bombay on an urgent work and that was the reason why the order had not been complied with. The Munsif dismissed the application in review on 19th December, 1953, holding that the application and the affidavit did not disclose what kind of urgency made the defendant company forget that the reply to the interrogatories had to be Sled within three weeks of 23rd of September, 1953. more especially in a case where the time was extended suo motu by the court and yet the defendant did not choose to find out what was happening in the case.

(3.) On the 23rd of December, 1953, the defen-dant filed an appeal against the order dated 31st October, 1953, under the provisions of Order XLIII, Rule 1(f) of the Code of Civil Procedure; and along with the memorandum of appeal he filed an application before the appellate judge under Section 14 of the Limitation Act praying that the delay in filing the appeal may be condoned. On that application the following order was passed:-