- (1.) A suit was filed by the petitioner for recovery of Rs.3,31,046/-. The respondent took the plea that the entries made in the book were fictitious and the suit deserved to be dismissed.
(2.) In the civil suit, the issues were framed and the plaintiff was to lead its evidence. On 23.9.2005 plaintiff Ashok Kumar tendered his affidavit. Thereafter, the matter was adjourned to 22.10.2005, 28.1.2006, 4.4.2006, 21.7.2006 and then on 02.9.2006 for plaintiff's evidence. Thereafter, on request made by counsel for the defendant/respondent, the case was adjourned to 22.9.2006.
(3.) On account of the Judge being on leave, the case was adjourned to 27.11.2006 and thereafter, it was adjourned to 09.1.2007. ON this date the witnesses of the plaintiff were present before the Court and the suit was adjourned to 26.2.2007. On 12.4.2007 the suit was dismissed. The plaintiff's witnesses did not attend the Court proceedings after 09.1.2007 as they were not informed by the counsel to do so. On 10.12.2007 the plaintiff came to know that the suit had been dismissed vide Annexure P1 by closing his evidence.;