Decided on July 06,1960

BIMLA DEVI Appellant
Rash Mohan Chatterjee Respondents


- (1.) This Rule is directed against an order which, ostensibly, is, in effect, an order, refusing the Defendant-Petitioner's prayer for adjournment in the pending suit for ejectment, arrears of rent and mesne profits. In the order, however, some opinions have been expressed by the learned Subordinate Judge as to certain aspects of the matter in dispute in the suit between the parties, which might create difficulties in future, and the Defendant Petitioner, feeling aggrieved by those expressions of opinion and also by the rejection of her application for time, has moved this Court and obtained the present Rule.
(2.) A preliminary objection was at first, taken by Mr. Mitra, to the competency or maintainability of this Rule upon the ground that, in effect, as we have said above, the order, complained against, is nothing more than an order, rejecting a prayer for adjournment. There was, apparently, at least,-much substance in this preliminary objection, but, on further consideration, in the interest of his clients, Mr. Mitra asked us to dispose of this Rule, clarifying certain matters, so that further or future complications may be avoided and this litigation may not be protracted. We may also say that the purpose of this application was substantially achieved by the issue of the Rule, as the hearing of the suit has, since the date of that issue, remained stayed.
(3.) The Rule thus, has, practically, served its purpose and it is only necessary that the position in regard to certain matters, which may arise in the course of progress of the suit and its farther stages, should be clarified.;

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