ALI MOHAMMAD Vs. TEKCHAND

JUDGEMENT

(1.) THIS second appeal has been directed against the order of the Revenue Appellate Authority Kota dated the 3rd or January, 1966.

(2.) THE facts of this case are that the hearing of first appeal in the court of the Revenue Appellate Authority was fixed on 27th of April 1965. Though Ali Moha- mmad appellant was present but he made an application requesting for an adjournment on the ground that his counsel had to go outside head quarters to attend an important murder case. THE request for adjournment was not granted and the appellant was himself asked to argue the case. THE appellant obviously could not argue the case as it involved a number of legal issues. An ex parte order was, however, passed by the learned Revenue Appellate Authority. An application was made for setting aside this ex parte order and giving opportunity to the counsel for the appellant for arguing the case. THE learned Revenue Appellate Authority held that the plea taken by the counsel for the appellant was untenable as the application for adjournment had been refused, and the case was decided after hearing the appeal ex parte. He, therefore, dismissed this application for setting aside the ex parte order.