MADANLAL KANHAIYALAL Vs. JAI NARAYAN GENDALAL

JUDGEMENT

(1.) THE following questions have been referred by a learned single Judge for decision by a Division Bench :-

(2.) THE revision-petitioner filed in the Court of Small Causes a suit against the respondent for recovery of money. On October 7, 1967, which was the date for disposal of the suit, the defendant filed his written statement denying the claim. However, at the request of the plaintiff the hearing was adjourned to November 8, 1967, for evidence, subject to payment of Rs. 4 as costs. On the last mentioned date, when the case was called on for hearing in the early hours, the plaintiff did not appear; and his counsel, though present, requested for time till 1 P. M. When the case was again taken up at about 1 P. M., neither the plaintiff nor his counsel appeared. THEreupon the trial Court dismissed the suit saying that the plaintiff had not adduced any evidence in spite of an adjournment having been granted on the plaintiff's request for production of evidence. A decree was drawn up on the same date.

(3.) THE three Rules of Order 17, Civil Procedure Code, enact as follows: -