( 1 ) THIS appeal is directed against an order dated June 7, 1966 whereby the appellants' application for recalling and/or setting aside a decree dated April 7, 1966, was dismissed.

( 2 ) THE suit in which the decree wag passed, was called on for hearing on March 25, 1966. The witness of the respondent No. 1 (plaintiff in the suit) Murlidhar Jhunnjhunwalla was examined and his cross-examination was concluded on March 31, 1966. On the same day Ishwari Prasad Ruia the appellant No. 2 was examined as a witness on behalf of the defendant but his cross-examination was not concluded on that day. The suit was thereafter not called on for hearing until April 7, 1966. On that day the examination of the appellant No. 2 was concluded. The next witness on behalf of the appellants was one Debi Prosad Bajoria, but this witness was not present in Court when the cross-examination of the appellant No. 2 was concluded. According to the appellants Debi Prosad had informed them in the morning of the same day that it was absolutely necessary for him to go to his factory at No. 1 Ultadanga Main Road, but ho also promised to attend the Court at 11 a. m. The appellants relied on this ass