BISANDAS Vs. NIRMAL KUMAR

JUDGEMENT

(1.) THIS revision has been referred to a larger Bench at the instance of Tare J. before whom it was placed for hearing.

(2.) THE revision arises out of civil suit No. 39-A of 1954 which was instituted by the non-applicant Nirmalkumar against the applicants, Bisandas, Tekchand and shcwandas, in the Court of Third Civil Judge, Sagar, for recovery of Rs. 3,400/- on account Settled or alternatively for dissolution and accounts of partnership. After the parties led evidence, suit was fixed for arguments on 15-4-1957. On that date, it was adjourned to 16-4-1957 to allow the parties to prepare arguments. On 154-1957, however, the applicants moved the District Judge, Jabalpur, for transfer of the suit to another Court. On the same date, they sent a telegram to their counsel at Sagar intimating to him that an application for transfer was filed before the district Judge and he should get the suit adjourned. The application for transfer was taken up by the District Judge on 16-4-1957 when he passed an order that the trial Court might hear arguments but should defer delivery of judgment till disposal of the application.

(3.) THE trial Court declined to adjourn the suit on 16-4-1957 on the applicants' telegram to their counsel, and heard the arguments on that date. The suit was then fixed for judgment on 17-4-1957. On that date, the District Judge, on the applicants request, sent a telegram to the trial Court directing it to stay delivery of judgment. The telegram reached the trial Court on 18-4-1957. Judgment, however, was delivered on 17-4-1957 and a decree for Rs. 3,4007-was passed against the applicants. The revision is directed against this decree.