GORAKH AHIR Vs. JAMUNA AHIR

JUDGEMENT

(1.) This is an appeal by Gorakh Ahir who was an applicant for probate of a will before the learned Additional District Judge of Saran. The application for probate was filed in 1939, caveat was entered and the proceeding which was numbered as 4/4/3 of 1939-40 proceeded as a contentious suit. The 19 July 1941 was the date fixed for hearing.

(2.) On that date when the case was called out for hearing, a petition was filed on behalf of the applicant asking for time on the ground that the natural guardian of the petitioner was ill and could not attend the Court. But the petition was rejected, as that was the only case left on the list for disposal on that date and the Court did not find it proper to rise two and half hours earlier before the end of the day and also the case was a very old one.

(3.) Accordingly the Court rejected the prayer for adjournment. The Court then asked the lawyer for Gorakh Ahir if he intended to go on with the case, but he said that he had no instructions to do so. Accordingly the case was dismissed for default.