Horwill, J.

1. The Attavar Panchayat Court tried the suit with which we are concerned on 12th January, 1937, in the presence of both parties and adjourned it to 14th January, 1937 for further evidence. The plaintiff was then absent; but instead of dismissing the suit for default, as it should have done under Section 32, it purported to dispose of the suit on, the merits. The plaintiff later filed a petition before the Kadiri Panchayat Court, which had succeeded to the jurisdiction of the Attavar Panchayat Court, to set aside the decree of the Attavar Panchayat Court passed in default. In an elaborate judgment the Kadiri Panchayat Court held that the plaintiff had had good cause for non-appearance and set aside the decree and restored the suit. The defendants thereupon filed an application before the Principal District Munsif of Mangalore to have this order quashed as being without jurisdiction. The learned Munsif. held that the order restoring the suit was without jurisdiction and therefore acted under Section 73 of the Village Courts Act and quashed the order. The plaintiff has come to this Court in revision.

2. In Nasir Khan v. Itwari (1923) I.L.R. 44 All. 669, a somewhat s