1. This appeal is directed against the order dated 9.12.1993 passed by learned Additional District Judge, Phalodi, whereby the trial court dismissed the application filed by the appellant under Order 9 Rule 4 read with section 151 Civil Procedure Code.

2. I have heard the learned counsel for the parties, perused the record.

3. A suit for permanent injunction was filed by the appellant against the respondents before the learned District Judge, Jodhpur which was transferred for trial to learned Additional District Judge No. 3, Jodhpur. On creation of the court of Additional District Judge at Phalodi, learned Additional District Judge, Phalodi had jurisdiction of the matter.

4. The respondents filed the written statements on 8.5.1986 and the case was posted for settlement of issues on 12.8.1986. At the request of respondents, case was adjourned to 13.8.1986 for settlement of issues. On 13.8.1986, the counsel representing the appellant pleaded no instructions without any prior intimation to the appellant. Appellant was not present before the court. Instead of framing issues, the trial Court dismissed the suit for want of prosecution on 13.8.1986.

5. Learned counsel for the appel