JHANDOO MAL AND SONS Vs. KHALSA SINGH SAHI

JUDGEMENT

(1.) This is a first appeal from order by a plaintiff Messrs. Jhandoo Mal & Sons of Dehra Dun. The first appeal is directed against an order of the District Judge of Saharanpur setting aside an ex parte decree and remanding the case for re- hearing. The facts are that the plaintiff filed his suit on 6 April 1936 in the Court of the Subordinate Judge of Dehra Dun and the date fixed for final disposal was 11 June 1936. The sole defendant was Sardar Khalsa Singh Sahi described as the Town Engineer of Motihari in Bihar Province. On the date fixed, the defendant appeared by pleader but not in person and the pleader made an application to the effect that summons had been served on the defendant by registered post without any copy of the plaint, that defendant had never bought any goods from the plaintiff, that the defendant could not get leave and could not attend the Court and that time was asked for filing a written statement. On this the Subordinate Judge passed the following order: I do not believe this story that the defendant got no copy of the plaint. I have issued very strict orders that no summons to a defendant is to go out without a copy of the plaint. He need not have been here in person, so the question of leave does not arise, but his written statement should have been here.

(2.) The Court further ordered on the same date: Defendant has not filed his written statement. He says he did not get a copy of the plaint, but I do not believe this. I therefore order the defendant to pay Rs. 5 adjournment costs. I will frame issues on 30 June, 1936.

(3.) On 30 June 1936 the defendant made a written application through his counsel asking for adjournment to a further date on the ground that he was ill. The Court passed the following order on the application: Today was fixed for framing issues: defendant need not have come personally but he was bound to send a written statement. I have already given him one postponement. Rejected.