ASHKARAN Vs. SANTOK CHAND

JUDGEMENT

(1.) THIS is an appeal by Ash-karan and Keshri Chand, who were defendants in the court below, against the judgment and decree of the Civil Judge, Churu.

(2.) THE plaintiffs respondents brought a suit for the recovery of a sum of Rs. 19,999/-against the defendants appellants. THE suit was based on a mortgage deed, dated 19th June 193. 1, said to have, been executed by the defendants in favour of the plaintiffs' ancestor. THE suit was filed on the 21st of January, 1952 and the first date fixed for filing written statement was the 12th February, 1952. THE defendants' residence was mentioned at Rajal-desar in the plaint, but was said soon after that they wire at Calcutta and summons should be issued there. THE defendants were served by post, and counsel appearing on their behalf on the 12th February,1952, sought an adjournment for filing the written statement. THE court accepted the prayer for adjournment and fixed 17th March, 1952. It may be mentioned that one of the defendants Ashkaran was ill at the time and suffering from rheumatical arthritis, and medical certificate to that effect was filed in March 1952. THE defendants had applied for postponement of the date of issues as one of them was ill, and they wanted to collect some documents from East Pakistan. This was rejected and thereafter written statements was filed on the 17th March, 1922, and issues were framed on the same date THEreafter, the court fixed 18th April, 1952, for final hearing, and 4th April, for production of certain documents. THE documents were not available till the 4th and the defendants applied for further time. This application was granted and time was allowed till the 18th April for production of documents.