RAMESWAR ROY Vs. MOLY SARKAR

JUDGEMENT

(1.) THE Judgment of the Court was as follows: heard the learned advocates appearing on behalf of the parties.

(2.) THIS is an application under Article 227 of the Constitution of India directed against an order, being Order No. 153 dated 11th January, 2007, passed by the learned Civil Judge, (Junior Division) at Siliguri in Title Suit. No. 108 of 2000, rejecting the application of the defendant, being the petitioner herein praying for adjournment. The impugned order reads as follows: -

(3.) LEARNED advocate appearing on behalf of the defendant/petitioner submits that in the facts and circumstances of the instant case, learned Court below ought to have granted adjournment and evidence of the defendants' witnesses should not have been closed. In this regard, the learned advocate for the defendant/petitioner refers to two judgments in the case of Sultan Saleh bin Omer v. Vijayachand Sirimal reported in AIR 1966 Andhra Pradesh 295 and in the case of Ramesh Chandra and Ors. v. Rameshwardayal reported in air 1987 Madhya Pradesh 110 (Gwalior Bench ). He also draws my attention to Article 39a of the Constitution of India and proviso (b) of Order XVII Rule 2 of the Code of Civil Procedure.