BAHARUL ISLAM, J.:- The appellant, Nira Kanta Chutia, filed an application for probate in respect of a will left by late Chatradhar Chutia in the Court of the District Judge, U. A. D. at Jorhat. The two respondents filed objections. As the matter became contentious, it was registered as a suit, being Title Suit No. 23 of 1969. Eventually the suit was fixed for hearing on 9-5-72. On that date the appellant filed an application praying for an adjournment on the grounds that one of his witnesses was ill and that his counsel was also unwell. The petition was rejected and the suit was dismissed. On 11-5-1972 the appellant filed an application for restoration of the suit. Notice of the petition for revival was issued to the respondents. They appeared and filed objections contending that there was no sufficient cause for revival of the suit. The learned District Judge, after hearing the parties held: (i) that the appellant had 3 witnesses including Kalicharan, who was absent on 9-5-72. Even in the absence of Kalicharan, the appellant could have examined the other two attesting witnesses to prove the execution of the Will; and (ii), if the appellants advocate, who was in-charge of