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1963 Supreme(Bom) 6

L.M.PARANJPE
Shamsunder Rajkumar – Appellant
Versus
Bharat Oil Mills – Respondent


JUDGMENT - 1. This is a defendants application for the revision of an ex parte. decree for Rs. 1047-81 N. P. and costs.

2. The plaintiff, Messsr. Bharat Oil Mills, Nagpur, had claimed Rs. 1047-81 N. P. from the defendant-firm at Calcutta on account of damages resulting from the failure of the defendant to take delivery of certain quantities of linseed oil cakes and the consequent sale thereof by the plaintiff at a lower price. The defendant had contested the suit on several grounds, which need not be stated for the purposes of this revision. The suit was fixed for final disposal on 17-10-1960, on which date the defendants Counsel prayed for an adjournment on the ground that, the defendant could not come from Calcutta. The prayer was granted subject to the condition of paying Rs. 25/- as adjournment costs to the plaintiff. On the adjourned date, the defendant did not appear and its Counsel did not pay the adjournment costs but only applied (Page 64 of the record) with the copy of a telegram (page 88 of the record) from a partner of the defendant-firm for an adjournment, on the ground that the person, who was to come as a witness, had suddenly fallen ill. He also prayed, in the altern













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