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1981 Supreme(Raj) 160

G.M.LODHA
Babu Lal alias Mithan Lal – Appellant
Versus
Sukh Ram – Respondent


Advocates Appeared:
S.K. Keshat, for Petitioner.

G.M. LODHA, J.—A typical reckless negligence of non filing of written statement for 15 months, after about a dozen adjournments including three with costs resulting in ex-parte proceedings, and yet invoking, revisional jurisdiction to put premium on such lethargy, inaction and negligence by making the counsel scrap goat for setting aside ex-parte order, is the extraordinary prayer in this petition under section 115 C.P.C. and now the facts:

2. A suit for ejectment was filed by the plaintiff The defendant who is the petitioner before this Court put up appearance on February 11,1980, through Mr. P. Gadaria and prayed for time to file the written statement.

3. The defendant having failed to file written statement, another adjournment was granted on payment of cost of Rs 15/-, but on May 27, 1980, on written statement was filed and the case was adjourned to August 12,1980 to enable the petitioner to file written statement. The defendant having failed to file written statement was granted yet another adjournment on payment of the cost of Rs. 10/- and the case was then taken up on September 22, 1980 but even then written statement was not filed. On 30th September, 1980, year another adjour
















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