1. The appellant is the plaintiff in a suit for partition. The appeal arises from AS No. 368 of 1978 dismissing the plaintiff's appeal from the decree of the trial court which reads as follows:

"Plaintiff appeals. Rejected. Defendants pressed for costs. Hence the suit is dismissed with costs to the contesting defendants."

The lower appellate court held that the judgment of the trial court was only an order of dismissal for default, the remedy against which could be sought only by an application to set aside the order of dismissal under 0.9 R.9 of the CPC, as stated in 0.17 R.2 of the CPC, and R.3 of that Order has do relevance.

2. The facts relevant to this appeal are: The plaintiff's suit stood posted for trial to 5-4-1978 after a series of adjournments. On that day the plaintiff's counsel presented to the court IA No. 1323 of 1976 praying for adjournment accompanied by an affidavit of the plaintiff. That affidavit was sworn by the plaintiff in the office of the advocate. He stated several reasons for adjournment, one of them being that he proposed to seek permission of the court for amendment of the plaint. On the basis of that affidavit, counsel requested the court to a