DEVENDRA NATH GHOSE AND ORS. Vs. ABDUL HAMID MIA AND ORS.

JUDGEMENT

(1.) THIS petition of revision is directed against the order of the learned Munsiff, Nowgong, dated 25 -6 -1949 by which he set aside his order dismissing the suit and restored it to his file.

(2.) ON 24 -9 -1948, when the case came up for hearing, the defendants were ready with their witness. On behalf of the plaintiffs an adjournment of the case was prayed for on the ground that the Commissioner had not completed the local investigation. In view of the circumstances of the case, the adjournment was granted. The suit was adjourned to 6 -12 -1948. It was stated in the order that no further adjournment shall be allowed under any circumstances and the non receipt of the Commissioner 's report shall not be a ground for it.

(3.) THE first contention raised on behalf of the petitioners is that an application for restoration was not competent. The order by which the suit was dismissed fell under Order 17, Rule 3 and the remedy of the plaintiffs was by way of an appeal from that order. This contention was raised at the hearing. It is not amongst the grounds raised in the revision petition. The point was however raised in the trial Court but the learned Judge was of the view that the application for restoration was competent. He declined to hold that his previous order dismissing the suit was covered by Order 17, Rule 3, Civil P.C.