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1983 Supreme(P&H) 235

G.C.MITTAL
Prem Singh Partap Singh – Appellant
Versus
National Insurance Co. Ltd. , Calcutta 1 – Respondent


Judgment

1. M/s. Prem Singh Partap Singh filed four separate suits for recovery of money against National Insurance Company Ltd. and others. The total sum involved in all the four suits is about a lac of rupees. On 19-3-1979, the plaintiff closed his evidence. On 15-12-1979. the defendants closed their evidence and the case was adjourned to 19-1-1980 for rebuttal evidence of the plaintiff. The witnesses could not be examined on some of the hearings. On 15-4-1980 Shri R.K. Puri a witness who was surveyor, was present but since he had not brought certain documents, recording of his statement was deferred and he was bound down to appear on 12th May, 1980. On 12th May, 1980 he did not appear. The defendants raised objection on that date that opportunity to lead evidence in rebuttal could not be granted to the plaintiff and. therefore, it was not necessary to wait for recording of statement of Mr. R.K. Puri. The matter was adjourned to 20th May, 1980 for arguments on this point. On 20th May, all the suits were dismissed in default and the applications for restoration of suits remained unsuccessful before the trial Court. The plaintiff went up in four appeals and the appellate Court allow




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