SRIMATI KIRANMOYI DASI Vs. RAMA NATH PAL

JUDGEMENT

(1.) The petitioners in this case are the defendants in a suit brought by the opposite party as plaintiffs. The claim made by the plaintiffs was, in the alternative, for the ejectment of the defendants from, or for a declaration of the plaintiffs right to an easement in, a certain strip of land lying between other lands admittedly belonging to the plaintiffs and the defendants respectively.

(2.) The suit was instituted on the 8 of July 1919 and a glance at the order sheet shows that the plaintiffs were extremely dilatory in the conduct of the litigation which they had initiated. Not only that, but certain orders show that the plaintiffs made applications which there are reasons to suppose were not bona fide applications ; for instance, one of the plaintiffs applied for permission to have his evidence taken on commission. The defendants preferred an objection to such permission being given and, when the matter came before the learned Munsif for decision, the learned Munsif came to the conclusion, that the plaintiff was trying to avoid coming to Court without any good ground and that the story of his illness was false. The learned Munsif accordingly directed that that plaintiff must come and depose in Court, if he thought that his evidence was necessary.

(3.) The suit dragged on in this way from July 1919 to 20 August 1920, when we have a a series of orders in the order sheet. The first of these orders is to the following effect: Defendant is present. Plaintiff is repeatedly called out; no one responds. Gosta Babu Pleader says he has no instructions to-day." Then another Pleader of the plaintiff's appears to have been sent to fetch him ; still he did not turn up. Then comes this order : "Plaintiff's son is present in Court but does not take any steps." Another order follows to this effect: "Plaintiff is again called out; but no one responds, Plaintiff's son comes and, on my asking him what will become of the case, he does not answer the question but retires." The next order is this:--"The plaintiff's Pleaders then came and filed a petition for amendment of the plaint and for time. They want to add a claim of some other right and the petition is too late. I cannot allow it or grant time to the plaintiff. The petition is rejected.