JUDGMENT

D.S. Mathur, J. - This is a revision under Section 115, Civil Procedure Code by Rajendra Kishore and another, defendants, against the order dated 3-12-1962 of the Additional Civil Judge of Aligarh, allowing the restoration application under Or. IX, Rule 9, Civil Procedure Code and thereby setting aside the order of dismissal of the suit.

2. The suit was originally fixed for hearing on 27-8-1962, but on the application of the plaintiff the hearing was adjourned to 16-10-1962. The adjournment was sought for on the ground that the plaintiff's witnesses had not come. On 16-10-1962 the plaintiff again moved an application for adjournment which was dismissed, but the case was ordered to be taken up after half an hour. When the case was taken up at 11-10 A.M., no one appeared from the side of the plaintiff and the suit was dismissed under Or. XVII, Rule 3, Civil Procedure Code The plaintiff, District Cooperative Development Federation Limited: Aligarh, instead of preferring an appeal against the order of dismissal, moved the present application for setting aside the order of dismissal and for restoring the suit for a fresh hearing.

3. The learned Civil Judge was of the opinion tha