The All India Reporter 1953 - Vindhya Pradesh Section Citation: A.I.R. (40) 1953 Vindhya Pradesh

"When a party asks for an adjournment of the case which has been fixed for final hearing and the court fixes another date again for final hearing the implication is that the party who obtains the adjournment obtains it for the purpose of taking steps necessary for prosecution of the suit, to perform necessary acts for the further progress of the suit, and if he fails to appear on the adjourned dat [...] In fact, the personal suit is the rule, and representative one, an exception, justified by . the enabling provision in 0. 1 R. 8. All that the court has to see is that no prejudice and confusion is caused in the mind of the other party, the defendant or the plaintiff as the case may be, as to the capacity in which the suit is being pursued or defended. [...] In fact, the personal suit is the rule, and representative one, an exception, justified by the enabling provision in 0. 1, R. 8. All that the court has to see is that no prejudice and confusion is caused in the mind of the other party, the defendant or the plaintiff as the case may be, as to the capacity in which the suit is being pursued or defended. [...] Thus I hold that the Secretary of the which is now the law in regard to Municipali- Municipality is one who can be removed only ties all over the V. P. This Rewa Act itself is with the previous approval or sanction of the in its general scheme similar to the U. P. Act on the same subject; but the Secretary to the Municipality under it is in a much stronger position than the Executive Officers unde [...] In the present case the Secretary of the Munici- pality here was not authorised to assault the shop-keeper who had put up the obstruction; but the alleged hurt even according to the com- plainant, was caused during a quarrel that was not the seeking of the public servant, but one which.