This is an application under S.115 of the Code of Civil Procedure, for short, "the Code", directed against the Order dated 21-12-1981 passed by the District Judge, Dibrugarh, in Title Appeal No. 1 of 1981, dismissing the appeal of the petitioner-defendant for appellants default.

2. In the Title Appeal preferred by the petitioner, Shri L. Hazarika, a just engaged lawyer filed an application on 21-12-1981, the date on which the appeal was posted for hearing, praying that he required 15 days time to prepare and argue the case. It was stated in the petition that, Shri Biman Barua, Advocate who had filed the appeal, left the charge of the case expressing his inability to argue the case on 21-12-1981 on some personal ground. Shri L. Hazarika, learned counsel categorically stated that he was engaged only on 21-12-1981 and he could not prepare the appeal after going through the papers. The prayer was turned down and the appeal was dismissed for non-prosecution, when learned counsel Shri Hazarika fairly conceded that he was not in a position to argue the appeal on that date.

3. It emerges clear that Shri Biman Barua, Advocate had left the charge of the case and the petitioner-appell