JAI HIND TIMBER DEPOT Vs. GIAN CHAND

JUDGEMENT

(1.) This petition must be allowed on the short ground that the order passed by the Court below does not appear to be consistent with the provisions of law.

(2.) It appears that the plaintiff brought a suit for the recovery of money. Summons were issued to the defendant but the latter failed to appear in Court, on 29-71952, the plaintiff made an application which is in the following terms :

(3.) It was open to the Court either to accept or to reject this application but the order which was actually passed by the learned Subordinate judge is somewhat strange. On the 29th July he directed as follows ;