JUDGMENT - Chagla, C.J.

1. The petitioners before me are minors and they filed the suit, being suit No. 216 of 1945-46, by their next friend, the mother in the Court of the Second Joint Civil Judge, Junior Division, Baroda. The suit was dismissed for default and an application was made to set aside the order of dismissal. The trial court dismissed the application, In appeal the learned Assistant Judge has confirmed the order of the trial Court. The minors have now come in revision.

2. Now, it has been found as a fact that the mother was grossly negligent in the conduct of the suit. The suit was really attended to by the father and both the father and the mother tried to throw the blame upon a senior practitioner of the Baroda High Court, Mr. Shroff, saying that he did not attend to the matter. But Mr. Shroff has given evidence and has been believed that he informed Dalsukh, the father, from time to time of the various dates to which the suit had been adjourned, but Dalsukh never cared to appear in Court. The learned trial Judge actually adjourned the suit eight times before he ultimately dismissed it for default, and really on merits the case is as bad as any case can be. But what

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