PANDIT RAM NATH Vs. PANDIT HABYA NATH

JUDGEMENT

(1.) The question in these appeals is whether the certificates for the Pleader s fees were tendered to the officer of the Court within the time prescribed by the General Rules (Civil) of 1911 for subordinate Courts.

(2.) The date fixed for the commencement of the hearing of the Suit No. 62 of 1918 (Original Suit No. 70 of 1916) was November 24th 1916.

(3.) On November 17th an application was made that Suit No. 103 of 1916 (afterwards First Appeal No. 362 of 1917) should be put up with No. 70 of 1916 and decided at the same time, as the two actions covered the same ground. No order was made on the 17th but the matter was ordered to be put up on the 24th of November, the day which had been fixed for the hearing. On that day an order was made that the two cases should be put up on January 2nd 1917 and the witnesses who were in attendance went away without giving evidence. On January 2nd 1917 the cases were not reached and it was not until the 11th of April 1917 that the hearing actually commenced.