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1984 Supreme(SC) 161

A.P.SEN, M.P.THAKKAR
Nirankar Nath Wahi – Appellant
Versus
Fifth Additional District Judge, Moradabad – Respondent


Advocates:
K.P.GUPTA, R.B.MAHATO

JUDGMENT

In appeal by landlord arising out of proceeding for eviction of his tenant (a leading and influential member of the bar) from premises in his personal occupation for use as his residence-cum-office, the landlord on 20-5-1983 sought second adjournment of hearing of appeal on the ground of indisposition of his senior counsel from outstation. The Addl. Dist. Judge refused the Prayer but granted three days time for making alternative arrangement and directed that appeal be posted for hearing of further arguments on 23-5-1983. He further directed that in the event of failure to urge arguments on 23-5-1983, `the judgment will be pronounced. Even so, the appellant again sought an adjournment on the ground that he could not secure the services of his senior counsel as he was not able to appear till the month of July, and prayed for some time to engage a senior counsel. The Addl. Dist, Judge refused the adjournment and dismissed the appeal by pronouncing the judgment which he had kept ready for being delivered. The High Court dismissed the landlords writ appeal in liming. On appeal to SC by special leave.

Held, (1) that the appellant had been denied a reasonable opportunity of heari






























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