Now to companye up for arguments.
The next date fixed was 1st November, 1985.
On this date also numberody appeared for the defendant and companynsel for the plaintiff who was present sought adjournment and the case was adjourned to 8th Novem ber, 1985.
The appellant defendant thereafter filed an application for review but that application also was dismissed by the trial companyrt.
2847 of 1986 From the Judgment and Order dated 1.8.1986 of the Delhi High Court in F.A.O. No.
The facts necessary for disposal of this case are that in a suit filed against the present appellant in the Court of Sub Judge 1st Class, Delhi when the matter was fixed for evidence of the defendant as the plaintiffs evidence was over and defendant present appellants evidence was to begin when the case was taken up on 24th January, 1985.
The order sheet of the Court shows that numberDW is present and at the request of the companynsel of the defendant the case was adjourned to 7th May, 1985.
On this date also companynsel for the plaintiff was present.
The evidence of defendant closed.
It also shows that numbere of the witnesses for defendant was also present and therefore the Court passed the order the case was called but numbere has appeared on behalf of the defendant and numberDWs present.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The first appeal was filed against an order passed by Sub Judge 1st Class, Delhi rejecting the review petition filed by the petitioner.
It is stated that on this date for some reason, the.
S.K. Iyer, B.P. Maheshwari, V.N. Ganpule, S.K. Agniho tri and J. Singh for the Respondent.
case was transferred to another board and in the transferee companyrt, the order sheet showed presence of the companynsel for parties and it further shows that as the case was received on transfer it was ordered to be put up on 21st August, 1985.
Thereafter the first appeal Was filed before the High Court of Delhi which was dismissed summarily by the impugned order.
The Judgment of the Court was delivered by OZA, J. This appeal arises as a result of leave granted by this Court against the summary dismissal of the first appeal by the appellant before the High Court of Delhi.
On 8th November, 1985 arguments of the plaintiffs companynsel were heard and as numbere was present for the defendant the case was fixed for judgment on 11th November, 1985.
Learned companynsel for the appellant disputed the mention in these proceedings about the presence of the companynsel of the defendantappellant.
Nobody was present for the defendant and order sheet shows that as judgment was number ready it was postponed to 21st November, 1985.
The Court therefore directed the case to be taken up at 1 P.M. At 1 P.M. again the situation remained the same as it is clear from the order sheet.
Soli J. Sorabjee, E.C. Agarwala and Lalit for the Appel lants.
146 of 1986.
