MAHENDRALAL BAROOAH Vs. RAMPRASAD

JUDGEMENT

(1.) THIS is a petition under Section 115 of the Code of Civil Procedure arising out of the following circumstances:

(2.) THE applicant filed a suit against the opposite party for declaration of title and for khas possession on the 25th of August 1955. The first date for hearing of the suit was fixed on the 21st March 1956. Thereafter a number of adjournments were granted in the suit at the instance of both the parties.

(3.) MR . Kalita, appearing for the opposite party, has contended that this is a case where the Court below has exercised its discretion and has held that there was sufficient cause for the defendant -opposite party not to appear on the date of hearing of the suit, and, the decretion exercised by the lower appellate Court should not be set aside by this Court under Section 115 of the Code of Civil Procedure.