1. This is a petition to revise an order of the District Munsiff of Chengannur allowing a plaintiff's application to restore to file his suit dismissed for default. The suit was one for declaration of the plaintiff's rights in respect of an item of immovable property. After the examination of the plaintiff the case stood posted for evidence for the first time to 11-8-1958 The examination of the party was completed on 1-7-1958 and it was from that date that the case was adjourned to 11-8-1958. This adjournment was made not at the request of any party but suo motu by the court to suit its own convenience. On 11-8-1958 the plaintiff applied for time to adduce evidence. Dismissing this application the court disposed of the suit, writing a judgment which in form purports to be one on the merits. When the plaintiff applied for restoring the suit to file on the ground that it was dismissed for default defendant opposed the application contending in the first instance that the disposal was one on the merits and so the court had no jurisdiction to restore the suit to file and in the second instance that there was no sufficient ground for condoning the plaintiff's default on 11-8