Wallace, J.

1. This is a Petition for the revision of the order of the Subordinate Judge of Tuticorin, setting aside on certain conditions the dismissal of the plaintiffs suit for default of appearance. The allegations in the petition to set aside the dismissal were that the plaintiff is a Muhammadan woman, whose husband had lately died and who therefore could not appear in Court, that on the day of hearing, 6th April, 1922, the plaintiffs vakil appeared before the Court and asked for an adjournment, apparently because the witnesses had not been served and had not turned up, although batta had been paid for process, that on the adjournment being refused, the vakil reported no instructions and the suit was then dismissed for default of appearance.

2. That an order of dismissal for default of appearance was the proper order in such circumstances has been now clearly laid down by a Full Bench of this Court in this very case reported in A.I.R. 1925 Mad. 21 [Ed.] the question referred to it being whether when a pleader has instructions to apply only for an adjournment and when the adjournment is refused, it is a case of non-appearance of the party and the dismissal of the suit is