ATKE CONFECTIONERY & ORS Vs. ANDHRA BANK & ORS
LAWS(ALL)-1994-11-165
HIGH COURT OF ALLAHABAD
Decided on November 10,1994

Atke Confectionery And Ors Appellant
VERSUS
Andhra Bank And Ors Respondents

JUDGEMENT

- (1.) This revision by the defendants is directed against an Order of Addl. District Judge, who was proceeding for hearing of their original suit. A witness from Hyderabad came to Kanpur by air to appear as a witness. He was deposing, certain question were asked by the learned Counsel for the applicant, which were disallowed. Thereafter, the learned Counsel for the applicant moved an application before the Court that he shall file a transfer application, so the further proceedings in the suit be adjourned. The learned Judge adjourned, the further hearing in the suit, observing in the Order that witness had come from Hyderabad by air, the application saying that he would move a transfer application, virtually amounts to an adjournment application, as such he adjourned the case and imposed a cost of Rs. 2000/-. He passed this Order imposing cost of Rs. 2000/- considering the fact that the suit was valued more than Rs. 6 lacs and the witness had come from Hyderabad to Kanpur. The learned Counsel for the applicant strenuously argued. that it was necessary for the defendants to have put the said question to the witness otherwise it would have been impossible for his client to prove the defence case. He submits that he is not aware whether the transfer application against the Court has been moved as yet. It appears that it has not yet been filed. The plain and simple reading of the Order impugned show that it is nothing but an adjournment application and seeking adjournment of the case in which the witness has appeared after coming from long distance of Hyderabad by air. The Order itself cannot be termed as final Order. It is not the case decided. I am not inclined to interfere with the revision under Section 115 C.P.C. The Civil Revision is dismissed summarily.;


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