Madhavan Nair, J.

1. This is an appeal against the order of the Subordinate Judge of Trichinopolyi refusing to restore to file O.S. 87 of 1920 which was dismissed by his predecessor on 17th September 1923. The suit was for partition and recovery of one-third share of the plaint properties. The plaintiff based his claim on a "will" purporting to have been executed by the deceased father of himself and defendants 1 and 2. The contesting defendants raised the plea that the "will" was not a true one binding on them. After the framing of the issues the case was posted for final hearing, but it had to be adjourned from time to time as the "will" and the connected records had been filed in a criminal Court in some proceedings between the parties. The case was last adjourned for the purpose of securing the "will" to 4th September 1923. On 3rd September 1923, the "will" was received by the Court. On the 4th, as the parties were not ready with their evidence, and at their joint request, the case was adjourned to 17th September 1923. On 17th September 1923 an application was made for an adjournment by the plaintiffs vakil; but the Subordinate Judge dismissed the application. When the a