thus:
"Appellants absent when called. Their Counsel has filed no instruction pursis at Exh.26. Hence the appeal is dismissed for default of appellants ... learned Advocate for the Appellants submitted that only because no instruction pursis was filed by the Advocate appearing for the Appellants, the Appeal was dismissed
late as on 10th June 1987 that a very cryptic but significant pursis had been filed by the husband in the City Civil Court, Bombay ... bearing No. C/2707 of 1987".
Apparently, the pursis is innocuously worded, but the intention is obvious viz. to
prevent the wife from resorting
Vadodara, by which the learned Judge has rejected the withdrawal pursis filed by the applicants of this Civil Revision Application.
3. So far as Civil ... pendency of the said suit, applicants (original plaintiffs) gave an application (pursis) at Exh.59, requesting the Court to allow them to withdraw the suit
time to time for final
argument;
petitioner/accused has respectively filed a pursis respectively at Exh.53, 48
and 44 inter alia stating all matters ... counsel for respondent no.1 has urged that after filing
of said pursis, trial court observing that same was not bearing the signature
of learned
plaintiffs, Bai
Saraswati and the Mahalaxmi Society, leading to the filing of pursis dated
7.7.2008 and 18.09.2008 and the steps they have taken for resolving ... wake of the above-mentioned facts and
circumstances, prepared a pursis on 7.7.2008, the operative portion of
which reads as under:
“By filing following pursis
Defendant No. 1 Dattusing after his Advocate filed "no instruction pursis". The said suit was decreed on 30th January ... Advocate appearing for the Appellant had filed a "no instruction pursis" in Regular Civil Suit No. 586 of 1976 without giving any intimation
Regular Civil Appeal No.67/2003). In the said
appeal, the following pursis dated 3.8.2004 (Ex.17) was filed by the four
trustees ... Jamat :
3
"We, the appellants submit the said pursis in this case and declare that :-
(1) We, the appellants have filed the present appeal
consent of the parties expressed in the shape of a joint pursis submitted on 15th Dec. 1984. Shri A. H. Mehta challenged the genuineness ... this alleged pursis dt. 15th Dec. 1984 and pointed out that it did not bear the signatures of the parties. If it appears that
both the parties on 23/2/1972. Certified copy of compromise Pursis is filed at Ex. 70 in the suit. Below that compromise Pursis ... contention of Shri Mengde that when this compromise Pursis was filed, it was agreed upon to by both the parties that standard rent
custody. In reply to that
question, non applicant no. 2 has filed pursis stating
therein as to what arrangement, he has for keeping the
said ... heard learned Advocates
for both the sides. I have also perused the pursis filed by
non applicant no.2 and various photographs. In the course