( 1 ) THIS appeal from an original order is by the defendant. The order impugned is one dated April 11, 1981, passed by the learned Subordinate Judge, Asansol, dismissing an appeal under Order 9 Rule 13 of the Code of Civil Procedure which was registered as Misc. Case No. 225 of 1980. It was so dismissed not on merits but on the ground that such an application is not maintainable. It will be necessary to refer to the facts which may be set out shortly as follows :

( 2 ) THE respondent Abdul Gafur instituted Money Suit No. 18 of 1961 in the Court of the learned Subordinate Judge for recovery of a sum of Rs. 56,237. 69 alleged to be the balance dues of the plaintiff for the works done for the defendant company. Though filed in the year 1961, the suit came up for peremptory hearing for the first time on March 28,1978, when one of ther plaintiffs witnesses being examined in part, the suit was adjourned till May 8, 1978. On the adjourned date, the suit was again adjourned in the absence of the presiding officer and the hearing was resumed on October 25, 1979, when the witness earlier examined in part was examined and cross-examined. After that the suit was adjourned to