JUDGMENT

Bhargava, J. - Rafiq Ahmad and Iqbal Ahmad, the plaintiffs-appellants, instituted a suit against the defendants, Mohammad Shafi and others in the Court of the Civil Judge of Aligarh. That suit came up before the Court for hearing on 18th May 1945. The plaintiffs had summoned more than 20 witnesses for that date; hut only two could be examined on that date. The case was then adjourned for further hearing to the next day, viz, 19th May 1945. On the last mentioned day, one more witness was examined; and, for want of time, the case was adjourned for further hearing to 21st May 1945, on which date the plaintiffs applied for time to move the District Judge for transfer of the suit to some other Court. The application was granted and plaintiffs were ordered to pay Rs. 50 as costs of adjournment. The costs were to be paid by 26th May 1945, but they were not paid. An application for transfer of the suit was filed in the Court of the District Judge; but it was rejected. Thereafter, 26th October 1945, was fixed for final disposal of the suit. The plaintiffs applied for change of date; but their application was rejected. On 25th October 1945, the plaintiffs took out summonses for 15 wi