Gruer, J—On 11th January 1938 the Court granted an adjournment to the plaintiffs for filing a written statement subject to their paying Rs. 10 adjournment costs before the next hearing. It was laid down that the failure to pay the costs would bring about the dismissal of t0he suit. At the next hearing costs were not paid, and plaintiffs were given time as a last chance till 28th January 1938 for doing this. On that date one of the plaintiffs was present with their pleader, but costs were not paid ; so the lower Court enforced its order and dismissed the suit. In revision it is first of all contended for plaintiffs that their failure to pay costs was due to the negligence of their agent. There is no mention of the agent in these order sheets, and I cannot go beyond the record. The plaintiffs must be responsible for their agent's default, if any, but it is rather curious that although one plaintiff was present on 28th January 1938 there is no mention of such a plea having been taken or of any offer to pay costs even then. The application however is pressed on the ground that the lower Court could have acted only under Order 17, Rule 3, Civil P.C, which does not allow a case t