MISRA, J.

( 1 ) TITLE Suit No. 24 of 1961 in the Court of the Subordinate Judge. Bolangir, had been fixed to 26-10-62 for hearing. On that day plaintiffs filed hazira. Defendant 1 filed a petition for time on the ground of absence of their witness. The Court passed orders to the effect. "put up on 31-10-62 for hearing. Parties to come ready. " on 31-10-62 the Court passed the following orders: "order No. 15 : Plaintiffs filed list of witnesses Defendant 1 files a petition for lime on the ground that his advocate is engaged in Sessions case. Time petition is rejected as frivolous Advocates being busy in another Court is no ground for adjournment Defendants to gel ready at once. Sd D. P. Sharma, sub Judge. "

"order No. 16: Plaintiffs ready Defendants are present and left saving that they would engage another lawyer as their lawyer is busy elsewhere the lawyer when sent for says that he has got powers but he had no instruction to act The defendants were given time for 10 minutes. Even though 10 minutes passed, they failed to turn up on repeated calls. Hence they are set ex parte. Plaintiffs are called upon to lead evidence. Sd D. P. Sharma. Sub Judge. "

The earlier the learned Judge e