GITA DEVI TULSYAN Vs. JOKHI RAM MOHAN LAL

JUDGEMENT

(1.) This is plaintiffs application against the order dated 13th of Aug. 1981 refusing to restore the suit dismissed for default on 20th of July, 1981.

(2.) The petitioner filed a Title Suit No. 248 of 1967 in the court of Munsif, East Muzaffarpur, for a decree of eviction against the defendant-opposite party from the suit premises and also for realisation of arrears of rent.

(3.) The suit having been filed as early as in 1967, it had a chequered history and for one reason or the other it was not disposed of in 14 years time. It seems a number of civil revisional applications were filed in this Court by the defendant-opposite party. Ultimately the records of the aforesaid Title Suit were transferred from the court of Munsif East to the court of Munsif West, Muzaffarpur and the transferee court received the records on 22-6-1981. The next date fixed for hearing of the suit was 13-7-81. On this date fixed for hearing of the suit, the plaintiff-petitioner filed the hazri along with the list of the witnesses which were to be examined on behalf of the plaintiff-petitioner. But the defendant-opposite party filed a petition for time and the case was adjourned to 20-7-81 for the hearing of the suit. It is desirable to mention here that the plaintiff, much before the records were transferred from the court of Munsif, East Muzaffarpur to the court of Munsif, West Muzaffarpur, had already examined two witnesses. One, according to the petitioner, was a formal witness and the other witness was examined on commission. Defendant-opposite party had also cross-examined the witness who was examined on commission. Thus some evidence had already come on the record on behalf of the plaintiff-petitioner before the record of the case was transferred to the court of Munsif, West Muzaffarpur.