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Judgment
5 paragraphs · 121 words
Wallis, J.—The District Munsif adjourned the case u/s 156 of the Civil Procedure Code, and under the same section ordered the defendant
to pay the costs of the adjournment. The fact that the defendant did not pay the costs did not entitle the District Munsif to give judgment for the
plaintiff without hearing the evidence. The order of the adjournment passed by him was not conditional, and he has no jurisdiction u/s 156 to pass
an order conditional upon payment of costs such as is provided in Section 373 of the Civil Procedure Code. I set aside the decree, and direct the
District Munsif to restore the case to his file and dispose of it according to law. Costs will abide.