DILDAR HUSAIN Vs. ABDUL MOID

JUDGEMENT

(1.) This is a plaintiff's appeal against an order of the Court below rejecting the appellant's application for setting aside an ex parte order dismissing his suit in the absence of the plaintiff.

(2.) The facts shortly stated are as follows:

(3.) The plaintiff Dildar Husain filed a suit' against the defendant-respondent Abdul Moid for possession over a certain property and for accounts. A rival suit was also filed by the defendant Abdul Moid for an injunction restraining the plaintiff-appellant Dildar Husain from interfering with Abdul Mold's possession over the property in dispute. The two suits were consolidated and were being heard together. There was an order of injunction passed against the plaintiff Dildar Husain in Abdul Moid's suit. The date fixed for final hearing in the two cases was the 1st February, 1951. Two days earlier, namely, on the 30th January, 1951, in Abdul Moid's suit the order of injunction had been discharged. On that date, Dildar Husain, the present plaintiff-appelant had not appeared and his counsel had stated that he had no instructions. This was in Abdul Moid's suit.