G. C. MATHUR, J. :- The following question has been referred to this Full Bench for opinion :-

"Whether a decision recorded specifically under O. 17, R. 3 of the Code of Civil Procedure would exclude relief under the provisions contained in Order 9 of the Civil P. C. irrespective of the question whether, in recording its decision under R. 3, the Court acted rightly or wrongly?" The question arises in the following circumstances: A suit was filed by the respondent against the appellant for rendition of accounts and recovery of commission. May 6, 1965, was an adjourned data of hearing. On this date, the defendant was absent and the Court recorded an order in the order sheet (English note) to the following effect :-

"This is an adjourned date of hearing because the defendant had been allowed adjournment on the previous date, viz., 14-4-1965. The defendant to-day has failed to appear and, in my view, this suit should be heard under R. 3 of O. 17, Civil P. C. I accordingly proceed to hear the suit under O. 17, R. 3. Civil P. C."

Thereafter the plaintiff's witnesses were examined and the next day was fixed for judgment. On May 7. 1965, the Court delivered its judgment, decreeing t