DEVICHAND Vs. GULABCHAND

JUDGEMENT

(1.) THIS is a revision by the defendant in a case pending in the court of Civil Judge, Sirohi.

(2.) THE opposite party Shah Gulab Chand sued the petitioner Devichand for recovery of Rs. 3473/3/ -. According to the pleadings and the issues raised in the case, the defendant was to lead his evidence first. On 30th May, 1950 the date fixed for producing evidence, the defendant was not present and his lawyer wanted an adjournment. This was refused and the evidence for the defence was deemed to be closed. THE plaintiff wanted adjournment to produce his evidence and the suit was adjourned to the 10th July 1950. On the 5th July, the defendant moved the court for setting aside the earlier order of 30th May, 1950 closing his evidence, and requested for being allowed to produce evidence on the 10th July for which the case had been adjourned. In the meanwhile, Mr. M. J. Mardia, who was the Civil Judge, who passed the order on 30th May was succeeded by Mr. Mukat Behari Lal and this application came up before him for decision. Mr. Mukat Behari Lal recorded an order on the 10th of July that the order of 30th May appeared to him to have been passed by his predecessor under 0. 17, R. 3 of the Civil Procedure Code, and he could not interfere in that order. On behalf of the defendant, the present revision was filed against the order of the 10th July, 1950, and in the alternative against the order of the. 30th May, 1950.