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1981 Supreme(Bom) 304

P.G.PALSHIKAR
Menomal Kushaldas Sindhi – Appellant
Versus
Gangadhar Pannalal Rai – Respondent


JUDGMENT - Palshikar P.G., J.-The applicant-plaintiff filed a suit on 20-6-1980 for possession of certain premises situated at Plot No. 72 in Ward No. 31 at Nagpur. The defendant was in possession of these premises as a lessee of the open plot. Summons was issued to the defendant and he along with his counsel appeared before the trial Court on 12-9-1980 which was the next date fixed for hearing. On that day, the defendant applied for time to file written-statement and the same was granted. The case was then adjourned So 13-10-1980. On that date again another application for grant of time for filing written-statement was made and the same was also granted. Case was then adjourned to 11-11-1980. Yet a third application for time to file written-statement was moved before the trial Court and it was also granted. Then the case was fixed on 26-11-1980. In the meanwhile it appears that without filing a written-statement, the defendant raised a plea under sec-tion 22(1)(a) of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, praying for dismissal of the suit. The case there­after went on and on 13-3-1981, the defendant filed a purshis that he did not want to










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