1. This first appeal is di­rected against the decision of the Sub­ordinate Judge 1st Class, Kulu, wherein an application for restoration under O. 9, R. 13 of the Code of Civil Procedure has been dismissed. The appellant was de­fendant in a suit filed by M/s. Firm Dasondhi Mal Kuljas Rai for specific per­formance of a contract of sale of timber and in the alternative for recovery of damages in lieu thereof. The material dates during the course of hearing com­menced from 20-9-71 when after the plaintiffs evidence was over the defendant was asked to produce his evidence on 7-10-1971.

2. On 7-10-1971 the defendant asked for adjournment and 26-10-1971 was fixed. On 26-10-1971 again the defendant asked for adjournment and 24-11-1971 was fix­ed. On 24-11-1971 the defendant again asked for adjournment and the Court ordered him to pay Rs. 15 as costs and further ordered: "If evidence is not produced by that date the defence will be struck off as the case is oldest one." On 8-12-1971 the counsel for the defen­dant stated that he had no instructions. No steps were taken for the summoning of witnesses. Perhaps the costs were also not paid. Thereafter the court ordered: "I proceed ex par