Dave, J.—This is an application in revision by the defendant against an order of the learned Civil Judge, Bikaner, dated the 17th April, 1957. It came for heating before one of us on 30th November, 1959, and since it was referred to a division bench, it has come before this Court today.

2. The facts giving rise to it are that the opposite party filed a money suit against the petitioner. The petitioner contested that suit and hence issues were framed on 17th August, 1956 and 8th Oct., 1956, was fixed for the production of the plaintiffs evidence. On the last mentioned date it was found that the summonses which were issued for the plaintiffs witnesses were not received after service and, therefore, the case was adjourned to 26th November, 1956. On 26th November, 1956, when the case was called out, neither the plaintiff nor her counsel was present in the court. The learned Civil Judge,tberefore,wrote out on the order-sheet that the case would be disposed of proceeding under O. 17. R. 2 read with O.9 C.P.C. At the same time, it was added that the case would be disposed of early on merits. After the above order was passed, an application was presented on behalf of the defendant to record

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