B.N.Jha, J.

1. One Rambilash Koeri, pre-decessor-in-interest of the opposite party, being unsuccessful at the trial, filed Title Appeal No. 101 of 1962 in the court of the District Judge, Shahabad on April 7. 1962, After the appeal became ready. September 3, 1962, was fixed for hearing of the appeal. As the learned District Judge was engaged in some other case, the appeal was adiourned to November 15. 1962 for hearing. In the meantime, the appeal was transferred to the court of Subordinate Judge. 1st court. Arrah. for favour of disposal. From November 15, 1962, the appeal was adiourned several times. On August 3, 1966, which was the date fixed for the hearing of the appeal, a petition for time was filed by the advocate of the appellant on the around that the advocate who was to argue the appeal fell ill on August 2, 1966 and he was not in a position to attend the court on August 3, 1966, the date fixed for the hearing of the appeal. From the order sheet it appears that no order on the petition for time filed on behalf of the advocate was passed. The appeal was called out but nobody turned up to argue the appeal. The lawyer for the respondent was present. Hence the court dis