JUDGMENT

SINGH, J. :— This appeal is directed against the judgment and order of the Judicial Commissioner, Goa dated 30-6-1972 setting aside the order of the Civil Judge, Senior Division, Panaji and declaring that the suit instituted by the appellant had abated.

2. The appellant Bank instituted a suit before the Civil Judge for recovery of an amount of Rs. 63,315/- against Vinaique Naique, advanced to him as loan by it. Vinaique Naique, the defendant contested the suit, issues were framed and evidence was being recorded. On 26-2-1970 statement of P.W. 1 was recorded and the case was adjourned to another date but on that date also the case was adjourned to 23-7-1970. The suit was again adjourned on 23-7-1970. on the ground that the defendant Vinaique Naique was indisposed and was hospitalised. Thereafter, the suit was taken up for hearing on 4-11-1970. On that date the defendants pleader informed the Court orally that the defendant had died at Margaon but did not give any further details. The Custodian of the appellant Bank Panaji deputed his clerk to Margaon to collect necessary information and to obtain death certificate from the Civil .Registration Office if the defendant was foun