GULABO Vs. NAGAR PALIKA

JUDGEMENT

(1.) THIS appeal is directed against the order dt. 9.12.1993 passed by learned Additional District Judge, Phalodi, whereby the trial court dismissed the application filed by the appellant under Order 9 Rule 4 read with section 151 C.P.C.

(2.) I have heard the learned counsel for the parties, perused the record.

(3.) THE respondents filed the written statements on 8.5.1986 and the case was posted for settlement of issues on 12.8.1986. At the request of respondents, case was adjourned to 13.8.1986 for settlement of issues. On 13.8.1986, the counsel representing the appellant pleaded no instructions without any prior intimation to the appellant. Appellant was not present before the court. Instead of framing issues, the trial Court dismissed the suit for want of prosecution on 13.8.1986.