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1950 Supreme(All) 271

AGARWALA, P.L.BHARGAVA
SRI KRISHEN – Appellant
Versus
RADHA KISHEN – Respondent


Advocates Appeared:
BALESHWARI PRASAD, J.Swarup, LACHMI NARAYAN GUPTA

AGARWALA, J.


( 1 ) THIS is an application in revision and has arisen under the following circumstances :

( 2 ) THE applicants made an application for the setting aside of an award under Section 33, arbitration Act, and the application was allowed ex parte because the opposite-parties were not present. Later on the ex parte order was set aside and a fresh date for final hearing was fixed. Several adjournments of the date fixed for hearing were made at the instance of the applicants and the last date so fixed was 19-5-1947. On this date also, the applicants were absent while the opposite parties were present and the Court passed the following order:

"the plffs. are absent, the defts. are present ready to proceed. This was a date which was fixed for hearing after the plffs. had already sought an adjournment. Hence the suit decided under order 17, Rule 3, Civil P. C. ; Order. The suit be dismissed with costs. "

( 3 ) THE plffs. then applied to the Court for setting aside the ex parte order passed on 19-5-1947. The Court rejected this application on the ground that the order of the 19th May was an order passed under Order 17, Rule 3, Civ. P. C. and could not be set aside by him. The applic



















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