FIRM DORI LAL CHHOTEY LAL Vs. JAGANNATH RAMESHWAR PRASAD AND ORS
LAWS(ALL)-1965-12-40
HIGH COURT OF ALLAHABAD
Decided on December 08,1965

Firm Dori Lal Chhotey Lal Appellant
VERSUS
Jagannath Rameshwar Prasad And Ors Respondents

JUDGEMENT

- (1.)The view taken by the lower court that the affidavit filed on behalf of the Applicants was not admissible in evidence, is not correct; but this Court can dispose of the revision, considering that the Munsif had expressed the opinion on merits also.
(2.)Where the allegation of illness is challenged in the counter affidavit, it is necessary for that party to appear in the witness-box and to examine the doctor, if necessary. Medical Certificate cannot be used in evidence without the doctor being examined. Consequently, the allegation of illness of Dori Lal cannot be accepted. The past conduct of the Applicants was also commented upon by the Munsif showing that they were in the habit of not appearing in Court and then applying for restoration of the proceeding.
(3.)The present is thus not a case in which this Court may exercise the revisional jurisdiction.
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