Wanchoo, C. J.—This is an appeal by Shantilal against the order of the District Judge, Bhilwara, dismissing the application of Shantilal under O. IX, R, 9, C.P.C. for restoration of a suit alleged to have been dismissed for default.

2. The facts, which led the appellant to apply under O. IX, R. 9, may be briefly narrated. The appellant Shantilal had filed a suit in the court of the "District Judge, Bhilwara, against the State of Rajasthan, and the Customs and Excise Commissioner. Issues were framed and thereafter dates were fixed for the plaintiffs evidence. Three times the suit was adjourned on the plaintiffs application. On one of these occasions, the plaintiffs statement was recorded, thereafter, again, on the plaintiffs application, the suit was adjourned to the 16th of July, 1953, for further evidence of the plaintiff on payment of costs. On this date, the plaintiff did not appear. Consequently the court proceeded under O. XVII, R. 3, C.P.C. as the plaintiff had failed to produce his evidence in spite of the time granted to him, and after considering all the materials on the record, including the statement of the plaintiff, dismissed the suit.

3. Thereafter, the plaintiff presen

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