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1961 Supreme(Gau) 34

T.N.R.TIRUMALPAD
Madanlal – Appellant
Versus
Babulal Agarwala – Respondent


Advocates:
R. K. Manisana Singh and C. Upendra Singh, for Petitioners; T. N. Bhattacharjee and B. K. Gosh, for Respondent.

ORDER:- This is an application under section 24, C.P.C. by the respondents in Civil Appeal No.77 of 1960, pending before the District Judge, Manipur for the transfer of the said, appeal from the file of the District Judge -Shri Chandra Prakash to the file of another Court. As there is no other Judge in Manipur having jurisdiction to hear Civil Appeals, the prayer virtually amounts to a transfer of the appeal to this Court for hearing.

2. The appeal was posted for hearing before the District Judge on 29-4-61. The appellant in the said appeal who is the respondent herein had engaged a lawyer from Calcutta to argue the appeal on his behalf. The petitioners had also engaged a lawyer from Karijnganj in Cachar District to appear for them. The petitioners lawyer from Karimganj sent a telegram on 21-4-61 to their local lawyer stating that the date, namely, 29-4-61 was unsuitable to him. This telegram was delivered only on 22-4-61 at 1-00 p.m. As 23-4-61 was a Sunday, an application was taken out on 24-4-61 by the petitioners for adjournment of the hearing of the appeal to the end of May, 1961 to enable their lawyer to come or for some other lawyer from Calcutta being engaged for them.

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