1. Feeling aggrieved against the judgment and decree dated 31-7-2006 passed by the first appellate Court in Civil Appeal 1-A/2006, defendant No.1/appellant herein has filed this appeal under Order 43 Rule 1(u) of the CPC.

2. The suit filed by respondent No.1 herein/plaintiff was by order dated 14-11-2005 directed to be fixed for evidence on 12-12- 2005 and on that date, the plaintiff was required to examine his witnesses, but on that date (12-12-2005), the plaintiff and his witnesses were absent. Application under Order 17 Rule 1 of the CPC was filed seeking adjournment as the plaintiff remained busy in thrashing paddy and that application was rejected by order dated 12-12-2005. Defendant No.1 has also pleaded that he does not want to adduce evidence and the case was fixed for 13-12-2005 and 19-12-2005. The trial Court dismissed the suit holding that no evidence has been adduced by the plaintiff and also dismissed the suit as barred by limitation. On appeal being preferred by the plaintiff, the first appellate Court interfered with the judgment and decree of the trial Court holding that the trial Court could not have proceeded under Order 17 Rule 3 of the CPC instead, it coul