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1939 Supreme(All) 14

VERMA
Raja Singh – Appellant
Versus
Manna Singh – Respondent


JUDGMENT

Verma, J. - These are two applications for revision filed by the plaintiff. The essential facts are these. The suit, which had been instituted in March 1936, came up before the Court below on 1st December 1936, On that date an application was made on behalf of defendants 4 and 5 praying for adjournment on the ground that defendant Misri Singh was ill with smallpox. The adjournment was granted subject to the payment of Rs. 90 as costs of the plaintiff and 25th February 1937 was fixed for final hearing. The sum of Rs. 90 was paid. When the case came up on 25th February 1937 a joint application was made on behalf of the plaintiff and Misri Singh, defendant, stating that negotiations for a compromise between the parties were proceeding and asking for another date. The Court fixed 19th March 1937 for the filing of the deed of compromise. On 19th March 1937, both the parties appeared before the Court and stated that the negotiations for a compromise had fallen through and requested the Court to fix a date for the final hearing of the suit. The Court accordingly fixed 8th and 9th July 1937 for final hearing. On 8th July 1937 there was no presiding officer in the Court because the

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