PARASHURAM D SHAMDASANI Vs. TATA INDUSTRIAL BANK LTD

JUDGEMENT

(1.) These appeals arise from the taxation of the bills of costs of the first and sixth defendants which were ordered to be paid by the plaintiffs under the decree in Suit No. 3643 of 1923 and can be dealt with in one judgment.

(2.) The plaint was declared on August 29, 1923. The first defendant and defendants Nos. 2 to 5 filed their respective written statements on September 21. The sixth defendants filed their written statement on September 20, The first and sixth defendants filed their affidavit of documents on September 22, 1923. Thereafter, on October 1, the plaintiffs took out a summons returnable on October 3, for a supplemental affidavit.

(3.) The suit had already been fixed for hearing for October 3, so the Chamber Judge directed that the summons should be dealt with by Pratt J. on whose board the suit had been placed for hearing. The summons was not adjourned for hearing in Court. When the suit was called on Pratt J. first disposed of the plaintiffs application for further discovery, and delivered judgment rejecting the application on October 8, The suit was then adjourned as part-heard to November 12. It came on again on November 19 and was heard on various days until November 29 when judgment was reserved. It was delivered on December 14.