SHANKAR SADU WANJHE Vs. PARWATIBAI RAMCHANDRA DONGRE

JUDGEMENT

(1.) This is a second appeal filed by the original defendant, Shankar Sadu Wanjhe, against the order and judgment of the District Judge remanding the matter back to the trial Court, for a proper hearing after oral and documentary evidence is taken on record.

(2.) The matter arises in this way. The respondent, Smt. Parwatibai Ramchandra Dongre, who is the original plaintiff, filed a suit for possession of the eastern portion of the house situate at Dhangavadi, Taluka Bhor, and also for damages at Rs. 755/-.

(3.) The suit was filed in the Court of the Civil Judge, Junior Division, Bhor and it would appear that the defendant had engaged two layers, one from Poona and the other one from the local Bar. However, in the events that happened the Advocate from Poona Shri Dube could not be present at the time of the hearing and the local Advocates Shri Gupte withdrew his appearance at the time of the hearing. The result was that the defendant was left without the aid of an Advocate. The learned Civil Judge refused to grant to the defendant even a short adjournment and proceeded with the trial, with the result that in substance the defendant was unable to place his case before the Court. The trial Court nevertheless proceeded with the matter and decreed the suit against the defendant.