ANANTANARAYANA AYYAR, J.

( 1 ) A Veeraraghava Raya Chowdhry, as sole plaintiff, filed O. S. No. 3 of 1954 in the Court of the Subordinate Judge, Chittoor. On 18-3-1956, the learned Subordinate Judge dismissed the suit for default. Plaintiff filed I. A. No. 141 of 1956 for setting aside that order of dismissal. Ultimately, I. A. No. 141 of 1958 came up for enquiry on 27-7-1959. On that day, plaintiff was not present in person or by Advocate. The learned Subordinate Judge dismissed I. A. No. 141 of 1956 for default. The very same day, the Advocate, Sri N. K. Viswanathayya appeared for plaintiff and filed I. A. No. 322 of 1959 praying for restoration of I. A. No. 141 of 1956 to file. That petition was accompanied by an affidavit of the Advocates clerk stating that the plaintiff had left the vakalat with Sri N. K. Viswanathayya, that the latter could not attend Court in time due to some personal inconvenience and that the clerk himself went to the Court of the District Munsif in the same town of Chittoor to attend to other work and later came to the Sub-Court and found that I. A. No. 141 of 1956 had been dismissed for default. The learned Subordinate Judge held that if the Advocates cl

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