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1987 Supreme(Gau) 26

B.L.HANSARIA
Surendra Mohan Sangma and others – Appellant
Versus
Khetrinath Sangroa and another – Respondent


Advocates Appeared:
B. K. Goswami and P.K. Kalita, S.K. Senapati and C.K. Hazarika

Judgement

JUDGEMENT :- The question involved in this revision relates to the scope and effect of S.35B of the Code of Civil Procedure. The question has arisen on these facts. A suit was filed by the petitioners seeking certain reliefs against the opposite parties. In that suit plaintiff No. 4 came to be examined on 15-6-1985. Her examination-in-chief was completed, but on the prayer of the defendants, the cross-examination was deferred to 20-7-1985. On that date the defendants prayed for adjournment of the case. Though the trial court was not fully satisfied about the bona fide of the prayer, none-the-less adjournment was granted on condition that the defendants shall pay adjournment cost of Rs. 200/- and adjourned the case till 24-8-1985. On that date, the defendant again prayed for adjournment. After noting that the defendants had not paid the adjournment cost awarded on the earlier date, the learned trial court thought that in view of the provision of S.35B, there was no scope for allowing the defendants to cross-examine the plaintiffs witnesses. The trial court further felt that there was want of sincerity on the part of the defendants to proceed with the suit. Therefore, after























































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