LAXMICHAND Vs. ISHWAR DIN AND 2 OTHERS

JUDGEMENT

(1.) This is a civil revision Under Sec. 25 of Small Cause Courts Act by Laxmi Chand who was Defendant No. 1 in the Court below. The revision came up before a learned single Judge of this Court who, on account of the decision in Pitamber Prasad v/s. Sohan Lal, 1956 AWR (HC) 824 has referred it to a Division Bench.

(2.) The facts may be briefly stated. In July, 1951, the suit was instituted in the court of Small Causes for recovery of a sum of Rs. 670. It had a chequered history. Ultimately the case was fixed for hearing on 20 -9 -1954. On that date upon a motion of Defendant No. 1 on the ground that his counsel was ill and was therefore not in a position to conduct the case on his behalf, the case was adjourned to 8 -11 -1954. Before that date was reached, the court found that the date fixed was far off date and the case was an old one. The court therefore altered the date suo motu to 11 -10 -1954, by order dated 23 -9 -1954. The order was communicated to counsel for both parties and was either signed by them or by their clerks. On 11 -10 -1954, when the case was called on for hearing Defendant No. 1 was found absent and his counsel stated that he had no instruction.

(3.) The Court therefore proceeded to examine the witnesses of the Plaintiff and to decide the suit on merits under the provisions of O. XVII, R. 3, CPC. The court specifically stated: