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ALLAHABAD HIGH COURT
, J
M/s. Bijli Cotton Mills (Private) Ltd. – Appellant
Versus
M/s. Chhaganmaj Bastimal – Respondent
| Table of Content |
|---|
| 1. facts of the case establish the basis of appeal. (Para 1 , 2 , 3 , 4) |
| 2. arguments raised concerning the authority of counsel. (Para 5 , 8) |
| 3. court observations on authority and adjournment rationale. (Para 6 , 7 , 9) |
| 4. outcome of the appeal with restoration direction. (Para 10 , 11) |
1. This appeal is directed against the order of the Additional Civil Judge, Aligarh dismissing the appellant's application under O.IX, R.9 of the Civil P.C.
2. M/s. Bijli Cotton Mills (Private) Ltd. carrying on business at Hathras in district Aligarh, filed a suit No.55 of 1967 against M/s. Chhaganmaj Bastimal, a partnership firm, carrying on business at Mewar Bazar, Beware, District Ajmer (Rajasthan). Along with the defendant firm Sri Mishri Lal and Sri Gheesu Lal, the partners of the firm, were also arrayed as defendants. The plaintiff claimed relief for a decree of Rupees 4,85,000/- against the defendants.
2A. The defendants appeared, filed written statement and contested the suit denying the liability.
3. On 8-7-1970 issues were framed, but the suit could not proceed for one reason or the other. On 6-2-1971 counsel for both the parties made a joint statement before the Court that deci
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