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8. According to the petitioner once he assumed the charge of his office as a Councillor the suit at Serial no. 1 for the first time came on board on 3rd July, 1985 for evidence and the petitioner moved an application for adjournment of the case which was granted by the Court and the suit was fixed accordingly for recording evidence on 4th September 1985. On 4th September, 1985 the suit was again called out in the Court but, however, as the Presiding Judge was busy in other matters the suit was adjourned to 19th February, 1986. There can be no dispute as to what happened on 3rd July, 1985 and the 4th September, 1985 as the very roznama for these two dates shows this position but, however, according to the petitioner he wanted to withdraw his appearance in this case on 3rd July, 1985 itself but as the plaintiff No. 1 in the suit had not remained present personally in the Court and the petitioner having not indicated to his client his intention to withdraw, he was forced to seek an adjournment on that day. Petitioner's further case is that he did not appear on the next, adjourned date, that is, on the 4th September, 1985 and instead his colleague Advocate Durgaram Naik who is working in the same office of Advocate S.G. Dessai appeared on that day and in any event the suit got automatically adjourned.