G. K. MISRA, J.

( 1 ) AFTER a chequered career the suit had been fixed to 26-3-1965 for hearing. Order passed on that date was to the effect: plaintiff files a petition for time to adjourn the suit on the ground pf illness. Defendant also files a petition to adjourn the suit. The time petitions are rejected as the grounds are baseless. Parties to come ready at once. Later both parties absent on call. Hence the suit is dismissed for default without costs. Plaintiff filed an application under Order 9, Rule 4, C. P. C. It was registered as Misc. Case No. 102 of 1965. On 27-4-1965 the petitioner (plaintiff) filed haziras and the opposite party (defendant) filed an objection. Petitioner and the advocate were present. The opposite party wanted to take part in the proceeding. On the objection of the plaintiff, defendant was not allowed to take part. The Misc. case was allowed and the suit was restored to file. Against this order, the Civil Revision has been filed.

( 2 ) ORDER 9, Rule 3, C. P. C. lays down that where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed. Order 9, Rule 4 enacts that where a suit is dismissed u