AMAR SINGH Vs. MST NAND KANWAR

JUDGEMENT

(1.) THIS is an appeal by Amar Singh against the order of the Civil Judge of Jodhpur, dismissing the suit of the plaintiff appellant under O. 17, R. 3 C. P. C.

(2.) THE plaintiff filed a suit for compulsory registration of a sale deed said to have been executed by Rao Raja Narain Singh, who was the husband of defendant respondent Srimati Nandkanwar. THE suit was filed in December, 1949, and issues were framed on the 17th March, 1950 thereafter certain preliminary issues were decided on the 22nd May, 1950, and then the suit was fixed for evidence on the 11th August, 1950. On that date, some of the witnesses for the plaintiff were present, while some were absent, and therefore the suit was postponed to 13th October, 1950. When the suit came up for hearing on the 13th October 1950, an application was presented on behalf of both the parties saying that a compromise had been arrived at, but it would take some time to get the signatures of the parties and to present it in court. It was, therefore, prayed that the suit might be adjourned for a short time. . THE court, thereupon, adjourned the suit to the 30th October, 1950. On the 30th October, learned counsel for the plaintiff was ill, and prayed for an adjournment. No compromise was filed on the 30th October, and the court, therefore, gave a last opportunity to the plaintiff to produce his evidence, particularly as the counsel for the defendant did not object to the adjournment being granted. THE ordersheet also shows that the plaintiff had undertaken to produce the witnesses himself.