DAYALDAS SURAJ PRAKASH Vs. BRIJ MOHAN KUMAR

JUDGEMENT

(1.) THIS order shall govern the disposal of Civil Revision no 151 of 1984 also.

(2.) THE petitioner, aggrieved by the order of 1st Civil Judge, Class II, shivpuri, dated 11-4-1984, (in C. R. No. 510/84) and dated 25-4-1984 (in c. R. No. 511 /84) has preferred these civil revisions, arising out of Civil Suit No. 27-A of 1981.

(3.) THE non-applicant-plaintiff filed a suit for eviction against the petitioner-defendant under the M. P. Accommodation Control Act. The non-applicant-plaintiff closed his evidence and the case was fixed for recording evidence of defendant on 4-2-1984. On the said date the Presiding officer was on leave so the case was fixed for orders. On 17-2-1984 the case was adjourned for 11-4-1984 for recording the evidence of defence. On the said date defendant and his witnesses were absent. The counsel for the defendant-petitioner Shri Mathur was present in the Court. When the court enquired from him as to why his client and his witnesses are absent, shri Mathur replied that he has no knowledge. So the Court instead of passing any order under Order 17, Rule 2 of the Code of Civil Procedure, passed the order under rule 3 of that Order and adjourned the case for arguments of plaintiff on 12-4-1984. The petitioner has challenged this impugned order in Civil Revision No. 510 of 1984.