1955 (3) TMI 31 - SUPREME COURT

Whether the plaintiff was in fact misled or could have been misled if he had acted with due diligence and caution?

Held that:- Tribunal will consider this question above. It will take in-to consideration the fact that the defendant did enter an appearance and did file a written statement and that issues were framed in his presence; also that the case was fixed for the "Petitioner's" evidence only and not for that of the appellant; and that the petitioner examined all the witnesses he had present on the 17th and the 18th and did not give up any of them; that he was given an adjournment on 19-3-1953 for the examination witnesses who did not come on that date and that the examined three more on 20-3-1953 after the defendant had entered an appearance through counsel an( claimed the right to plead; also whether, when the appellant's only protest was against the bearings a Udaipur on dates fixed for the petitioner's evidence alone, it would be legitimate for a party acting with due caution and diligence to assume that the other side had abandoned his right to adduce his own evidence should the hearing for that be fixed at some other place or at some other date in the same place.

The Tribunal will also consider and determine whether it will be proper in the circumstances of this case to allow the appellant to adduce his own evidence.