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1983 Supreme(All) 154

DEOKI NANDAN
BRAHMA SWAROOP – Appellant
Versus
SHAMSHER BAHADUR – Respondent


Advocates Appeared:
A.N.BHARGAVA, Pradeep Kumar Singhal

DEOKI NANDAN, J.

( 1 ) THIS is a defendants second appeal from a decree for damages in the sum of Rs. 50/- and injunction restraining the appellants from demolishing a wall A B as shown in the plaint map. The trial court had dismissed the suit and the decree under appeal was passed by the court, of the civil Judge, Rampur on 26th Mar. , 1981, on appeal from the trial courts decree, after rejecting the application moved on behalf of the defendants, who were respondents in the appeal before the lower appellate court, by their counsel for adjournment of the hearing of the appeal, on the ground that he was busy in other cases and was unable to attend that court on that day.

( 2 ) THE lower appellate courts order rejecting the application for adjournment runs thus : "25-3-81 : sri K. Chandra for appellant. The respondent who was present a little while ago is absent now. 12-D is an adjournment application by the counsel for the respondent stating that he is busy in other courts and he is unable to attend this court. Opposed. Order XVII 1 empowers the court to grant adjournment on showing sufficient cause, provided that the fact that the pleader of a party is engaged in another court shal






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