THE GAUHATI BANK LTD. Vs. BALIRAM DUTTA AND ORS.

JUDGEMENT

(1.) THIS is an appeal from the decree and order of the ex -officio Sub. Judge, Tezpur, by which plaintiff's suit was dismissed for non -payment of adjournment costs on 19th May 1948. The decree was signed on 11th February 1949.

(2.) THE appeal was presented on behalf of the plaintiff (the Gauhati Bank). The suit was for recovery of Rs. 56,839/9/3. A decree for the amount claimed was prayed for against defendants 1 and 2. It was further prayed that the decree should provide that if the entire decretal amount with interest and coats was not realised from defendants 1 and 2, the unrealised amount of the decree would be recoverable from defendant 3 with consequential costs.

(3.) THE plaintiff did not comply with the order even by this date and asked again for extension of time for compliance. On 21st April 1948 when the came up for hearing, the Court refused to grant any more time and fixed 28th April 1948 for considering the consequences off default on plaintiff's part. On 28th April 1948 considering that the claim was for a sum of Rs. 56,889 -9 -3, the Court reviewed its previous order on the condition that the plaintiff paid Rs. 25 to defendant 8 as adjournment costs. The time for producing the documents was extended till 19th May. On 19th May plaintiff produced some documents and put in an affidavit explaining the non -production of soma others.