MUNI RAM Vs. BEHARIDAS

JUDGEMENT

(1.) THIS is a revision by Maniram who was defendant in a suit pending in the court of the Civil Judge, Ganganagar and has arisen in the following circumstances.

(2.) THE suit was filed by Beharidas and issues were framed on the 25th of July, 1951. THEreafter, there were a number of hearings on many of which the plaintiff and witnesses were present, but the evidence could not be recorded for various reasons. Eventually, on the 21st of July, 1952, the plaintiff and his witnesses were not present. His counsel was called, but he stated that he had no instructions. THEreupon, the court closed the case for the plaintiff as he had been given many opportunities to produce his evidence. THE court then proceeded to examine the defendant, and thereafter heard arguments of defendant's counsel, and dismissed the suit. THEn followed an application by the plaintiff for restoration. This application was allowed on the 17th of December, 1952, and the present revision is against that order.

(3.) LEARNED counsel for the applicant appearing before us has told us that he was instructed in January, 1953, to file this revision and it was actually filed on the 2nd of February, 1953. LEARNED counsel, however, was not sure on what date he received instruction, and whether this was on the 19th of January, 1953, or sometime thereafter. He certainly did not receive instruction before the 19th of January, 1953. He also showed us a letter dated 17th January, 1953, written by some counsel in Ganganagar other than Shri Brij Lai who had accepted the money on the 19th of January, instructing him to file the revision. But we are not satisfied that Shri Brijlal's authority had been withdrawn before the 19th January, 1953; nor do we known how this other counsel came to instruct the learned counsel appearing in this court. Nor can we sure that the letter was not antedated in order to avoid the application of the principle, which appears to have been known in Ganganagar. The fact remains that the revision was not filed till the 2nd of February, 1953, well after the money had been accepted by Shri Brijlal.