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1956 Supreme(All) 231

AGARWALA, BEG
MST. JAGGO – Appellant
Versus
KANHAIYA LAL – Respondent


Advocates Appeared:
C.B.MISHRA, G.K.SAHAI, PRATAP BAHADUR, S.N.Verma

BEG, J.


( 1 ) THESE two appeals are filed by one Srimati Jaggo who was defendant in two suits, and whose application for restoration in the said suits was rejected by the trial Court. It appears that one kanhaiya Lal had filed two suits against Srimati Jaggo who was the sole defendant in both the suits. In these suits, 8-7-1950, was fixed for recording evidence of the parties. On that date, the statement of one witness for the plaintiff was recorded. The Court then fixed 10-7-1950, as the next date for the hearing of the cases. On 10-7-1950, however, the plaintiff gave an application for filing a document. The Court allowed this application on payment of Rs. 25/- as costs by the plaintiff, and adjourned the cases fixing 28 and 29-9-1950, for further proceedings in the cases. On 28-9-1950, however, the defendant applied for adjournment. This application of adjournment was rejected by the Court. Her counsel, who was engaged for the sole purpose of giving the adjournment application also withdrew from the case, and thereafter the cases proceeded in the absence of the defendant or her counsel. The Court recorded the evidence of plaintiffs witnesses on 28 and 29-9-1950. On 29-9-1950, th














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