The petitioner is the fifth defendant in an ancient suit, O.S.No. 677 of 1949 which was dismissed for default on 2nd February, 1951. The advocate for the two plaintiffs who had filed a vakalat on their behalf moved for an adjournment of the suit that day and on it being refused reported no instructions. The advocate then filed on 7th February, 1951, I.A.No.399 of 1951 to restore the suit to file, supported by an affidavit from an alleged agent of the plaintiffs who, the advocates agreed, were in Malaya. Objection was taken in the counter to this application that it was invalidly presented, as the advocate did not file a fresh vakalat, as he was indeed legally and technically bound to do his engagement having been terminated by his reporting no instructions. The advocate filed a fresh vakalat on 10th March, 1951. The District Munsif dismissed I.A.No.399 of of 1951 on nth July, 1951, holding that it was not validly presented within the 30 days prescribed without a fresh vakalat by the advocate. In appeal, C.M.A.No. 18 of 1951, the Subordinate Judge set this order aside and remanded I.A.No.399 of 1951 for disposal on its merits.

Mr.Sundara Aiyar would support the order of the D