G. RADHAKRISHNA RAO, J.

( 1 ) ON the ground that even though the matter has been adjourned from time to time for adducing evidence and as they have not co-operated, the learned subordinate Judge has passed the following order:"the plaintiff is not ready to proceed with suit although the date is fixed finally for the evidence of the plaintiff. The learned Counsel Sri. Umesh represent the learned Counsel of the plaintiff and requests time. Having regard to the facts and circumstances of the case/ which is pending since 1984, I am of opinion that there is no justification in going on adjourning the case from time to time. Suit is therefore dismissed. No costs/"

( 2 ) THIS was stated to have been passed in the presence of Sri. Umeshtari, Sri b. K. Seshu, Advocate for the plaintiff and Sri K. R. Raman, Advocate for defendants. Immediately thereafter, an application has been filed under Order 9 Rule 9 CPC to set aside the order. That application was disposed of by the lower Court holding that the petitioner has to prefer an appeal against the order passed by the Court. We have perused the order. Original order, itself, ex-facie, has to be set aside, within one minute. It is a case where th

Click Here to Read the rest of this document