ORISSA STATE CIVIL SUPPLIES Vs. JANARDAN SAMAL

JUDGEMENT

(1.) THIS appeal arises out of the order dated 3 -11 -1993 passed by the Subordinate Judge, Sundargarh in Misc. Case No. 45 of 1991. By the impugned order, the learned Subordinate Judge rejected the prayer for restoration of Money Suit No. 3 of 1984.

(2.) THE facts of the case are as follows : - -

(3.) A curcery glance at the order sheet of the Money Suit indicates that on 2 -9 -1991 the suit was posted for hearing. On that date, an application was filed on behalf of the plaintiff -appellant for adjournment on the ground that the advocate was to attend the Court of Tribunal at Bhubaneswar. On such prayer, the suit was adjourned to 20 -9 -1991 'as the last chance'. Prior to that on a number of occasions, adjournments were prayed for by the plaintiff -appellant which were allowed. The plaintiff had taken several adjournments before the suit was ready, the plaintiff took a number of adjournments. Therefore, when the petition dated 19 -9 -1991 praying for adjournment on the ground that the advocate for the plaintiff had gone to Paralakhemundi to attend court in a part heard case was placed before the trial court on 20 -9 -1991. Keeping in view the earlier order passed on 2 -9 -1991, the conduct of the plaintiff in praying for repeated adjournments and the fact that the suit was a year old one lingering since 1984. It rejected the petition and called the suit for hearing. As nobody appeared on behalf of the plaintiff -appellant, the trial court dismissed the suit for default.