CHAMARU Vs. CHIPPAL

JUDGEMENT

(1.) This is a Plaintiff's second appeal against a decree of the lower appellate court affirming the dismissal of the plaintiff's suit by the trial court.

(2.) After the plaint and written statement had been filed in the suit, the trial court framed issues on 24th May, 1967, and posted the case for Plaintiff's evidence on 14th August, 1967. As the Presiding Officer was on tour on the date fixed, the case was not taken up and was fixed for 11th December, 1967. The Presiding Officer being on leave, the case was next fixed for 3rd May, 1968, for recording the plaintiff's evidence. On that date, the Plaintiff stated that he dropped all his witnesses except one, the Office Kanungo. The Office Kanungo had been served but was not present. Accordingly, the trial court recorded the following order:

(3.) The plaintiff did not deposit the process fee for issue of a bailable warrant and the plaintiff also did not appear on the date fixed. On 24th June, 1968, the trial court made the following order: