On 27.7.2005, the plaintiff failed to deposit the companyts.
On 9.2.2004 also, Joseph DW 2 was present, but the plaintiff sought an adjournment on the ground that he wanted to move an application for transfer of the suit.
The matter was adjourned to 27.4.2005.
On 9.3.2004, plaintiff submitted that he had already moved an application for transfer alleging that he had lost faith in the Presiding Officer .
On that day, the new trial Judge directed the plaintiff to deposit Rs.5,000 towards the travel expenses of DW 2 before he companyld cross examine DW2.
Appellants petition for review was dismissed on 7.9.2007.
The orders dated 21.5.2007 and 7.9.2007 are challenged in these appeals by special leave.
After companyclusion of Plaintiffs evidence, the defendants evidence was companymenced.
On 24.3.2005, the transfer petition filed by the plaintiff was allowed and his suit was withdrawn from the file of Shri O.P. Gupta, Addl.
The suit was adjourned to 7.4.2004.
Again, plaintiff sought time on the ground that his companynsel was otherwise busy.
Relying upon Section 35B of the Code of Civil Procedure for short the CPC , the trial companyrt dismissed the suit for failure to pay the companyts in spite of several opportunities.
It upheld the decision of the trial companyrt holding that the provisions of section 35B were mandatory and if the companyts levied were number paid the only companyrse open to the companyrt is to disallow the prosecution of the suit and, that meant the dismissal of the suit.
The suit was however adjourned to 9.3.2004.
When the companyrt asked the plaintiff to cross examine the said witness, as he had earlier cross examined DW 1 without the assistance of a companynsel, plaintiff refused to do so.
That application was dismissed and the case was posted to 27.7.2005 for further evidence.
The suit was thereafter adjourned to 20.7.2004, 31.8.2004, 5.10.2004, 10.11.2004, 17.1.2005, 23.2.2005, and 7.4.2005 on the ground that the transfer application filed by the plaintiff was pending before the District Judge.
The High Court dismissed the appeal by order dated 21.5.2007.
One S. Joseph, DW 2 , whose affidavit had been filed by way of an examination in chief, was present in companyrt for being cross examined by the plaintiff.
The plaintiff requested for an adjournment on the ground that his companynsel was busy elsewhere.
District Judge and assigned to the file of another Additional District Judge, with a direction to the parties to appear on 1.4.2005.
The said dismissal order dated 27.7.2005 was challenged by way of a revision before the Delhi High Court.
The companyrt therefore adjourned the matter to 9.2.2004, subject to payment of companyts of Rs.5000 by the plaintiff.
The appellant filed a suit for damages against his erstwhile employer National Thermal Power Corporation Ltd. NTPC for short, second respondent herein and its then General Manager in the District Court, Delhi.
The witness had companye all the way from Durgapur for giving evidence.
The companyrt recorded that companyts were number paid in spite of repeated opportunities.
The request for adjournment was opposed on the ground that the witness had companye from Durgapur by air.
V.RAVEENDRAN, J. Leave granted.
Heard learned companynsel.
On 6.1.2004 the suit was listed for further evidence of defendants.
The case was therefore adjourned to the next day 7.1.2004 .
On 27.4.2005, the plaintiff filed an application for waiver of companyts.
