1. The facts and circumstances leading to this revision petition are that a suit filed by the opponent in the Court of the Civil Judge, Class II, Jabalpur, claiming a decree for specific performance of a contract for re-conveyance of a house situated in Marhatal, Jabalpur, was dismissed by the trial Court on 6th December 1962 by making an order purporting 10 be under Order 17, rule 3 of the Code of Civil Procedure. On this date the evidence of the plaintiff's witnesses was to have been recorded. But when the case was taken up for hearing, the plaintiff and his counsel both were absent. The learned Civil Judge, therefore, dismissed the suit by recording the following order:

"I, therefore dismiss the suit u/o 17 R. 3, C. P. C. as adjournment was granted to the plaintiff on his request and he was to produce his witnesses but he has failed to do so........."

On the earlier case of hearing, that is, 29th November 1962, the plaintiff was present in person, but he asked for an adjournment on the ground that his counsel was ill. This request of the plaintiff was granted by the trial judge on the condition of the plaintiff paying Rs. 30 as costs to the defendant.

2. The plaintiff then pre