Govinda Menon, J.-This is an appeal against the order of the District Judge of Bellary refusing to set aside an order dismissing a suit for default. What happened was that on 8th September, 1950, when the suit came on for hearing the predecessor of the learned Judge, from whose order this appeal is filed, passed an order stating that certain issues had been decided against the contentions raised by the defendants, and that the suit would stand posted to 18th September, 1950, for the plaintiff’s rejoinder. On 18th September, 1950 there was no appearance, and the learned District Judge thereupon passed an order in the following terms:

“Issues 2 and 7: Finding negativing the contentions of the defendants was given by this Court on 8-9-1950.

Issue 3: The plaintiff and his pleader are absent. I decide the third issue in the affirmative”.

In the result the suit was dismissed with costs. An affidavit in support of the application to set aside the order of dismissal for default was sworn to by Mr. D. Venugopalachariar, pleader for the plaintiff-appellant, and therein he states that on 18th September, 1950, the rejoinder was ready, typed and signed by the plaintiff and was in the bundle of re

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