( 1 ) THIS is an appeal from an order of the IInd Civil Judge, Kanpur, dated 28-5-57 refusing to restore the suit dismissed for non-appearance of the plaintiff.

( 2 ) THE plaintiff firm filed a suit through its partner Sri Padampat Singhania tor recovery of Rs. 4,11,367/14/9 against the defendants on 18-5-53. The defendants filed written statements denying the claim and pleading a bar of limitation. Issues were struck on 1-2-54. Thereafter, several adjournments of the date fixed for hearing were made by the court, both suo motu and at the instance of the parties. Four such latter adjournments had been obtained by the defendants and three by the plaintiffs.

( 3 ) ON 8-12-55 the case was transferred to the file of the IInd Civil Judge, Kanpur, who eventually fixed 23-5-56 for final hearing of the suit. On 22-5-56 an application was filed by one p. C. Jain on behalf of the plaintiff for adjournment On the ground that the Plaintiffs senior counsel, Sri Rammath Seth, had gone to England and that his presence was necessary for the proper prosecution of the case. The defendants counsel Sri Devendra Swarup made the following endorsement on the said application: "no objection on