NARAIN Vs. ISRA

JUDGEMENT

(1.) THIS is a revision application under sec. 10(2) of the Rajasthan (Protection of Tenants) Ordinance, against an order of the Assistant Collector, Jaipur, dated 29.8.1954 granting protection to the opposite party under sec. 7 of the Ordinance.

(2.) WE have heard the parties and examined the record as well. We feel constrained to observe that the indiscrete zeal with which the trial court proceeded to secure an expeditious disposal of the case will be mainly responsible for avoidable harassment to the parties and prolongation of the trial. The application for reinstatement was presented before the lower court on 20.8.1954. Notices were directed to be issued to the applicants, who were the opposite party in the lower court, directing them to appear at Jamwaramgarh on 29.8.1954. These notices were served upon the applicants on 26.8.1954 They attended the court on 29.8.1954 and when required to produce their evidence they applied for an adjournment on the ground that they could not engage a lawyer in the case, and that they had no time to collect their documentary evidence. This request was rejected and the case was decided then and there against the applicants. We express no opinion on the merits for the obvious reason that the material on record is utterly in adequate to justify a final adjudication. We feel however that the lower court was not justified in refusing an adjournment to the applicants, in the circumstances of this case. They had only about 48 hours to prepare their defence and that, too, at an interior town. If they could not make their arrangements for a lawyer or for securing their documentary evidence they could not be dubbed as persons intentionally adopting dilatory tactics. Evidently a fair opportunity to present their case was denied to them and these has thus been violation of on elementary principle of natural justice. A summary enquiry does not tantamount to a disregard or flouting the elementary requirements of justice and fair play. We would, therefore, allow this revision, set aside the order of the lower court and remand the case to the court of the S.D.O. Jaipur with direction that he should take it up on 29.10.1954 and afford an opportunity to the applicants to lead their evidence. The case be decided afresh thereafter in accordance with law.