JAGANNATH MOTILAL Vs. BALA PROSAD ARJUNDAS

JUDGEMENT

(1.) This is an appeal by the plaintiff's from an order made by my learned brother Mr. Justice Greaves on the 14 of May 1923.

(2.) The order was: "It is ordered that the further and better affidavit of documents filed by the plaintiff firm after the expiration of the time granted by the said order be taken off the file: And it is further ordered that this suit be and the same is hereby dismissed for want of prosecution."

(3.) The facts which it is necessary for me to mention for the purposes of my judgment are as follows: On the 2 August, 1921, an order was made that the plaintiffs in this suit should file an affidavit of documents within ten days, such affidavit to be made by their gomasta. The affidavit was not filed within ten days, and it was not until the 3 of January 1922 that the plaintiffs filed the affidavit sworn by the plaintiffs gomasta. On the 8 of February 1923, the defendants made an application for a further and better affidavit of documents by the plaintiffs and on the 14 of February the learned Judge made the following order: It is ordered that within ten days from the date hereof the plaintiff firm do file a further and better affidavit to be made by all their members accounting for the various letters received by them from the defendant firm and specifically disclosing the entries in their account-books showing the names of the sellers of the goods referred to in the said petition, the dates on which such goods were purchased and the prices thereof. And it is further ordered that in default of the plaintiff firm filing such affidavit within the time aforesaid this suit do stand dismissed with costs on scale No. 2.