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2007 Supreme(Chh) 291

D.R.DESHMUKH
AHMED MANSURI – Appellant
Versus
NANDU SAO – Respondent


Advocates Appeared:
Shri Ratan Pusty, Advocate, for the Applicant.
Shri Manoj Paranjpe, Advocate, for the Non-applicants No. 1 to 4.
Shri Akhil Agrawal, Panel Lawyer, for the Non-applicant No. 5/ State.

ORDER

1. This civil revision is directed against an order dated 17.09.2003 passed by the Additional District Judge, Link Court, Ramanujganj, Surguja in Miscellaneous Civil Appeal No. 5/2002.

2. Brief facts are that the applicant plaintiff had filed Civil Suit No. 17-A/ 2001 against the non-applicants/defendants before the Civil Judge, Class-1 Ramanujganj, Surguja. The suit was fixed for recording of evidence on 8.3.2002, on which date the applicant plaintiff and his witnesses remained absent. An application was filed on behalf of the applicant/plaintiff for adjournment under Order 17 Rule 1 of the Code of Civil Procedure (henceforth 'the Code') on the ground that the original counsel Shri R.A. Tiwari nad gone to Ambikapur for attending another case. The learned Civil Judge, Class-1, Ramanujganj rejected the application, proceeded under Order 17 Rule 2 of the Code and dismissed the suit. The applicant/plaintiff preferred an application under Order 9 Rule 9 read with Section 151 of the Code for setting aside the dismissal of suit. By an order dated 6.9.2002, the application was dismissed on the ground that it was barred by limitation as also on the ground that there was no justificat


















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