(1.) Defendant seeks to revise an order allowing an application filed by the plaintiff under O.9 R.9, Code of Civil Procedure.
(2.) There are two plaintiffs, wife and husband. The suit was posted for trial in the special list on 16-1-1985. As early as 5-1-1985 an application was filed for examination of the first plaintiff on commission alleging that she is laid up. A medical certificate was also produced. From 16-1-1985 the case was adjourned to 29-1-1985. On 25-1-1985 the application to examine the first plaintiff on commission was dismissed. On 29-1-1985 the suit was also dismissed for the reason that the plaintiffs did not appear.
(3.) The application to set aside the dismissal was filed within time. The ground alleged was illness of the first plaintiff and consequent inability to appear. The Doctor who treated the first plaintiff was examined as pw. 2 and the medical certificate was also produced and proved. Second plaintiff gave evidence as pw. l and another witness was examined as pw. 3. Defendant gave evidence as dw. 1. Medical certificate is Ext. Al.