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1999 Supreme(P&H) 1555

M.L.SINGHAL
Devi Bai Widow Of Ch. Mangha Ram – Appellant
Versus
Gurbachan Singh – Respondent


Judgment

M.L.Singhal, J.

1. Vide order dated 28.5.1982 plaintiffs suit was dismissed by the Subordinate Judge, Ist Class, Karnal in view of the provisions of Section 35-B of the Code of Civil Procedure while allowing respondent-defendants application filed under Section 35-B read with Section 148 of the Code of Civil Procedure seeking dismissal of the suit on account of non-payment of adjournment costs. It was a suit filed by Smt. Devi Bai against Gurbachan Singh in forma pauperis for the recovery of Rs, 8400/- on the basis of pronote and receipt. For 17.4.1982. case was posted for statement of Hand-writing and Finger Print Expert in evidence of the plaintiff. On 17.4.1982 plaintiffs evidence was not present. Hand-writing and Finger Print Expert could not be served for 17.4.1982. Adjournment was sought by the plaintiff on the under taking that he be given one. adjournment of a short duration and on the adjourned date, he will examine the Hand-writing and Finger Print Expert on his own responsibility and in case, he was not able to examine the Hand-writing and Finger Print Expert, his evidence be deemed as closed.

2. Subordinate Judge adjourned the case for evidence on payment of Rs.













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