Sharma, J.—This is an application by the defendant to revise the order of the Munsif at Jhunjhunu for striking out their defence. The facts are that sometime before the 1st May, 1951 the defendant Shubh Karan was asked to copy out the Bundi which is the basis of the suit. The defendant Shubh Karan was summoned on the 1st May, 1951 for making out another copy of the document as there was some difference about the manner in which the copy was made. On the 1st May, 1951 Shubh Karan was present with his counsel but there was some difference between the parties as to the manner in which the copy was to be made. The court decided the case on the 3rd May, 1951 without making any order that the defendant Shubh Karan should be present on the 3rd May, 1951. On the 3rd May, 1951 Shubh Karan was not present and his counsel was not prepared to take the responsibility of producing him on the next date. The court therefore,made an order to the plaintiff to file process fee within three days to summon Shubh Karan. Shubh Karan was summoned as a witness for the plaintiff for the 24th May, 1951. On that date Shubh Karan did not appear in court and the learned Munsif made an error striking out the def

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