Modi, J.—This is a revision by the defendants Sohanlal and Labchand against an order of the Civil Judge, Ratangarh, restoring on payment of certain costs a suit which had been dismissed for default of the plaintiffs appearance.

2. It is unnecessary to set forth the pleadings of the parties for the purposes of this revision. Suffice it to say that the plaintiff opposite party brought a suit against the defendants petitioners, among other reliefs, for specific performance of an alleged oral contract of sale with respect to a portion of a house which was alleged to be ancestral property but part of which had fallen to the share of certain co-sharers therein and the latter had sold the same to the defendants. The suit was instituted on the 31st May, 1951, issues were framed on the 17th April, 1952, and the case was pasted for the plaintiffs evidence for the 24th May, 1952, On that date by mutual consent between counsel for the parties, the case was adjourned to the 6th August, 1952, and owing to an intermediate application filed by the plaintiffs counsel, the case was adjourned to the 16th August, 1952. Meanwhile the plaintiff had filed a list of witnesses to be summoned through court.

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