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1965 Supreme(AP) 147

VENKATESAM
Sultan Saleh Bin Omer – Appellant
Versus
Vijayachand Sirimal – Respondent


VENKATESAM, J.

( 1 ) THIS petition is for revising the order passed by the 3rd Assistant Judge City Civil Court, Hyderabad in I. A. No. 765 of 1964 in O. S. No. 93 of 1963, filed by the defendants.

( 2 ) THE facts relevant for determination of the question in controversy may briefly be stated. The suit was filed on the foot of a promissory note, and the defence was that it was not executed in the circumstances stated by the plaintiff, and that it was not supported by consideration. Naturally, the plaintiff had to prove execution, and the defendant had to establish want of consideration. Appropriate issues were framed. On 8-4-1964, the trial of the suit commenced, when P. W. 1 was examined and the evidence on his side was closed, reserving his right to adduce rebuttal evidence on the issue relating to absence of consideration. After some adjournments, the suit was posted to 4-7-1984 for the evidence of the defendants. On that day, the plaintiff and his Advocates were absent, but the Advocate for the defendant was present with only one witness, who was examined in chief. On that day, the case was passed over once because of the absence fit the plaintiffs Advocates. Even by the time t




















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