( 1 ) THIS is an application for restoration of a suit which was heard in part' on 5-4-1955 and disposed of on the day following.

( 2 ) THE suit was one for recovery of money lent and advanced, for interest and costs. On 6-4-1955, the suit was taken up; the plaintiff was examined-in-chief and was being cross-examined by counsel for the defendant when the Court rose for the day and the matter had to be adjourned till the next day. After the disposal of some interlocutory matters the suit was called on again on the 6th April at about 11 a. m. or shortly thereafter. Mr. De, learned counsel for the plaintiff, made a statement to Court to the effect that the plaintiff was not present to be cross-examined further. There is some dispute as to the further statement made by him. It is stated in the affidavit in opposition of Kishori Mohan Pal, the defendant, that Mr. De had stated that he did not want to proceed with the suit whereas in his affidavit-in-reply the plaintiff deposes to the effect that Mr. De had stated that the suit could not possibly go on. This latter statement is described as being based on information received by the plaintiff from his solicitor and bel