K. L. BAPNA, J.

( 1 ) THIS is a revision against an order of the learned Civil Judge, Jodhpur dated 11-2-1955.

( 2 ) MESSRS. Laxmi Motors Company of Jodhpur instituted a suit for recovery of Rs. 4,997/- in the Court of Civil Judge, Jodhpur on 16-9-1953 against the defendant Premier Automobiles Ltd. , Bombay, on the allegation that the plaintiffs were the agents of the defendant for the sale of automobile cars and after the agreement of agency had come to an end, an account was taken up by which the defendant agreed to be indebted to the tune of Rs. 14,411-6-3 and that while the defendant had remitted Rs. 10,411-6-3 a sum of Rs. 4,000/ remained outstanding. The plaintiff claimed Rs. 997/- on account of interest on the aforesaid sum. When the suit came for hearing on 31-1-1954 a lawyer for the defendant entered appearance. The order recorded is

"counsel for the defendant wants time to file written statement. Plaintiffs lawyer has no objection. The case he-posted for 10-2-1954"

On 10-2-1954 two applications were submitted on behalf of the defendant. In one application it was alleged that according to the terms of the agreement between the parties recourse should be taken to a