( 1 ) THIS is an appeal from an order refusing to set aside an order dismissing a suit for want of prosecution. 1-12-1949 was fixed as the date for final hearing. The plaintiff took adjournment on that date on the ground that he was indisposed. 17-2-1950 was the next date fixed for final hearing. On that date also the plaintiff made an application for adjournment on the ground that he was Indisposed. This application was rejected by the court and thereafter the counsel for the plaintiff stated that he had no further instructions to proceed with the case. The Court passed the following order:

"the suit is dismissed for want of prosecution with costs to the defendants. "

( 2 ) THE plaintiff then made an application within time for restoration of the suit to its original number. The court rejected this application on the ground that the order was appealable as it was an order on merits under Order 17 Rule 3 Civil P. C.

( 3 ) LEARNED counsel for the appellant had urged that the order in question was not an order on merits under Order 17, Rule 3 C. P. C. , and that it was an order of dismissal of the suit for default under Order 9 Rule 8, C. P. C. He has further urged that th