BAIJDAN Vs. SUKHDEO

JUDGEMENT

(1.) THIS is an application in revision by defendant Batjdin against a judgment and decree of the learned Judge of the court of Small Causes, Jodhpur, dated 28. 8. 52, in a suit for money.

(2.) THE material facts are these. Plaintiff Sukhdeo filed a suit for a sum of Rs. 333. 1. 6 against the defendant for price of some work done for the defendant. THE defendant filed his written statement on the 15th April, 1952, and thereafter there was some talk between the parties for referring the dispute to arbitration, but these negotiations failed. On, 15th July, 1952, the preceedings were resumed, and the parties were called upon to produce their evidence on 28th August, 1952. Learned counsel for the defendant was not present in court on that day for some reason into which it is not necessary to enter. THEreupon the court proceeded to pass a decree against the defendant as prayed for, and in doing so relied upon a presumption under sec. 114 of the Indian Evidence Act. Hence this revision