GANGA RAM Vs. CHIDDU SINGH

JUDGEMENT

(1.) The facts out of which this application in revision has arisen are as follows. The plaintiff (opposite party), Cheddu Singh, instituted a suit to enforce a right of pre-emption against Dhani Ram (vendor) and Ganga Ram (vendee). The present applicant alleged that the real sale price was Rs. 50 but that Rs. 500 had been fraudulently entered in the sale-deed to defeat the pre emptor. Ganga Ram s defence, briefly put, was that by reason of a partition, the plaintiff had no right or at least one inferior to his own and that Rs. 500 was the true sale price. Issues were framed and 6th February 1911 was fixed for final hearing. On that date, the Partition Officer who had been called as a witness by Ganga Ram (vendee) was, by consent of parties, examined first of all to enable him to get away at once to his duties. The case was adjourned to February 7th.

(2.) On this date, the Court examined one of the plaintiff s witnesses only and adjourned the case to February 9 th.

(3.) On February 9th, the plaintiff s case was closed and the case adjourned to February 10th. On that date, the defendant asked for an adjournment. By reason of the Court having heard the case piecemeal, instead of going on with it and finishing it right off, as it ought to have done, and also because plague had broken out in the village, his witnesses who had been in attendance on February 6th had all gone home.