JUDGMENT - This appeal is filed against the order made by the Civil Judge, Senior Division, on April 8, 1974, holding that the Miscellaneous Judicial Case No. 20 of 1973 was incompetent as the Special Civil Suit No. 16 of 1972 decided on February 27, 1973 was disposed of with the aid of the provisions of Order 17, rule 3, of the Code of Civil Procedure and, therefore, an application under Order 9, rule 13, did not lie. The merits of the sufficient cause had not been answered.

2. Some facts are not in dispute. The said special Civil suit was filed seeking specific relief on the basis of agreement to sell agricultural land. The 6th of January 1973 was the date fixed for evidence and thereafter the hearing of the suit was adjourned to 22nd January and then to 1st February, on which date plaintiff entered the witness-box and examine himself in chief. An application was filed on behalf of the defendant by the counsel seeking time for cross-examination. That was allowed and the case was posted for February 21, 1973. The counsel informed the defendant about this adjournment by a registered notice of February 10, 1973. By that notice the defendant was informed that in case he did not appea

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