PATRA, J.

( 1 ) THIS is an appeal against an order of the Subordinate Judge, Sundergarh, rejecting an application under Order 9, Rule 9, Civil P. C. filed by the appellant to set aside the order dated 23-3-1966 dismissing M. S. No. 38 of 19g4 on the file of that Court for default. That suit was posted for trial to 21-3-1966. Both parties applied for time in the first instance but later on the defendant filed Hazira. The suit was adjourned to the next day for trial. On the 22nd, the plaintiff again applied for time. It being rejected, the plaintiff filed Hazira and the suit was taken up for trial. P. W. 1 was examined and cross-examined in part as there was no time to finish it. The suit was adjourned to the next day for further hearing and the witnesses in attendance were directed to reappear on the next day. Obviously because the next day did not suit the plaintiff, his Advocate filed an application for adjournment till 24-3-1966 but the application was rejected. On the next day, that is, 23-3-1966, defendant No. 1 filed Hazira and the plaintiff's advocate filed an application to adjourn the suit for a month to enable him to get the suit transferred from the file of that Court. T