Judgement

JUDGMENT :- The plaintiff in Title Suit No. 50 of 1967 has preferred this appeal against the judgment of the court below confirming the decision of the trial court dismissing the plaintiff s suit.

2. The suit was for issuing a permanent injunction restraining the defendants from entering upon the suit property described in the schedule attached to the plaint and also from interfering in any manner with the possession of the plaintiff over the suit property.

3. In view of the question involved and the decision I am going to take in this appeal it is not necessary for me to deal with the respective cases of both the parties.

4. The suit was posted for hearing on 18-9-72. On one or two previous dates the court had adjourned the hearing of the case on the petition of the plaintiff, but on those dates some documents on behalf of the defendants were filed and were marked as exhibits as formal proof thereof was dispensed with. On 18-9-72 the advocate for the plaintiff applied for time on the ground of illness of the plaintiff. The petition to that effect was supported by a medical certificate. Some of the defendants witnesses were present on that date. The court dismissed the above-