B. P. DHARMADHIKARI, J.

( 1 ) THE Appellant/original plaintiff has filed this Appeal against Order under Order 43, Rule 1 (c) of Civil Procedure Code, challenging the order dated 27-10-2004, passed in Misc. Judicial Case No. 5/2003, by the additional Judge, Small Causes Court, Nagpur. It appears that the appellant had filed Regular Civil Suit No. 111/1998, against the present respondent for recovery of Rs. 18,925/- in respect of alleged excess payment of rent by the respondent. It appears that the said suit was dismissed in default by order dated 3-1-2003 and Misc. Judicial Case No. 5/2003 was moved by the appellant for its restoration. The learned Additional Judge, Small Causes Court, Nagpur found that the said suit was adjourned for more than 22 occasions in a period of about 26 months, and it further found that the story pleaded in the application for restoration was not supported by oral evidence, and it found that during the oral evidence present appellant has improved his case. It further found that in the cross examination the counsel for the landlord has succeeded in bringing out the truth. This order has been challenged in the present appeal against Order.

( 2 ) ADV