( 1 ) THE facts of this revision petition are that the plaintiff-applicant instituted a suit in the Court of the Civil Judge, Second Class, Ujjain for the recovery of Rs. 185/from the non-applicants. After the filing of the written-statements by the defendants and on perusing them, the learned trial Judge thought it necessary to examine the plaintiff before framing issues in the suit. The plaintiff was therefore, directed to be present in the Court on 13-8-1952. On this date, the plaintiff remained absent. His counsel was, however, present. Thereupon, the Court dismissed the plaintiff's suit. On 26-8-1952, the plaintiff filed an application under order 9, Rule 9, C. P. C. for restoration of the suit on the ground that as he was ill on 13-8-1952 he could not appear in the Court. This application was rejected by the trial Judge, who took the view that the dismissal of the plaintiff's suit was not under Order 9, Rule 8, C. P. C. The plaintiff then filed an appeal before the Additional District Judge of Ujjain. The learned additional District Judge upheld the decision of the trial Court that the application filed by the plaintiff under Order 9, Rule 9 C. P. C. was not c