The above revision is filed by the defendant petitioner herein questioning

the correctness and legality of the order of the XVI Judge, City Civil Court, Madras in I. A. No. 794 of 1986 in O. S. No. 8043 of 1983.

2. For the disposal of this civil revision petition, certain facts are necessary. The respondent herein filed the suit O. S. No. 8043 of 1983 before the City Civil Court, Madras seeking ejectment of the petitioner herein and also for damages. Written statement was filed and the suit was ripe for trial. At a time when evidence has to be adduced on behalf of the plaintiff/respondent herein, the plaintiff fell ill. This has resulted in examining the respondent's son-in-law as P.W. 1. Thereafter, the plaintiff filed I. A.No. 794 of 1986 in O. S.No. 8043 to examine himself as P.W. 2. In para 3 of his affidavit, the plaintiff/respondent herein states as follows :-

"Due to various reasons, the case was adjourned from tame to time and was ultimately posted to 12-12-85 for trial in the special list. On every prior hearing 1 was ready to go on with the case and give evidence. However from 1st week of December 85, I was laid up with jaundice and hence I could not come and giv