KHADAU Vs. LAKAHN SAO

JUDGEMENT

(1.) THIS is a revision by the defendant against the order dated 16-3-1966, passed by the II Civil Judge (Class I), Bilaspur, in Miscellaneous Judicial Case No. 39 of 1965, restoring the suit to file (namely, Civil Suit No. 3-B of 1965), which had been dismissed in default on 15-9-1965 at 2.20 p. m.

(2.) THE respondent filed a suit for recovery of Es. 5,500 against the petitioner on the basis of a Chitthi. THE relevant hearing was fixed for 15-9-1965 for the purpose of framing issues. On that date, the respondent could not appear in person. THErefore, he had probably instructed his counsel Shri S.C. Bhaskar, Advocate to appear. THE said Advocate was busy with a committal case, namely, Criminal Case No. 1129 of. 1965, in the Court of Additional District Magistrate (Judicial), Bilaspur. THE order-sheet dated 15-9- 1965 indicates that Shri Bhaskar was representing the accused and evidence in that case was recorded by the committal Magistrate from 11.30 a. m. to 2 p. m. It appears that in the meantime, the hearing of the suit was called and as none was present, it was dismissed in default at 2.20 P. M.

(3.) ON behalf of the respondent, evidence was led consisting of the testimony of Shri S.C. Bhaskar, Advocate (A. W. 1), the court-reader Shivkumar Choubey (A. W. 2) and the respondent himself as (A. W. 3). ON behalf of the petitioner he examined himself as his sole witness as N.A.W. 1 to assert himself that the case was called three or four times and thereafter it was dismissed in default on 15-9-1966.