This revision petition by the plaintiff IS directed against the judgment dated 30-8-2003 passed by the lower Appellate Court dismissing his appeal in M.F.A. No. 22 of 2001 and affirming the order passed by the Trial Court dismissing the petition filed by him in Miscellaneous No. 118 of 1995 under Order 9, Rule 4 (should be Rule 9) of the Code of Civil Procedure ('CPC') for setting aside of the order dated 18-9-1995 by which the suit in O.S. No. 23 of 1988 was dismissed for non -prosecution.

2. I have heard the learned Counsels for the parties and perused the impugned orders.

3. The case of the petitioner/plaintiff is that he could not be present in Court on 18-9-1995 as he was engaged in a religious ceremony and that his Counsel also could not be present when the suit was called on for hearing as he was engaged in Munsiffs Court at Chintamani and as such no representation could be made on that day and hence the suit was dismissed for non-prosecution. His absence and his Counsel's absence was due to the aforesaid bona fide reasons and not intentional.

4. The Trial Court as well as the lower Appellate Court did not accept the cause shown for non-appearance of the plaintiff on 1