SUBBIAH THEVAR Vs. PICHAI NADAR

JUDGEMENT

(1.) This is a civil revision petition filed against the order made by the learned Subordinate Judge of Devakottai in I. A. No. 131 of 1950 in S. C. S. No. 75 Of 1950.

(2.) The facts are: The plaintiff filed a suit for Rs. 558-14-0 on a promissory note for Rs. 500. The suit was filed on 6-4-1950. This was taken on file and summonses were directed for 14-6-1950; Summons through court and post was ordered by 57- 1950. The defendant was not served. It was adjourned to 18-7-1950. Substituted service was ordered by 20-7-1950. The suit was called on 21-7-1950. The plaintiff lived in a remote village and therefore his vakil applied for time. Time was given till 25-7-1950. On that day the plaintiff did not appear and the vakil had not been furnished with funds to enable him to take out steps. Therefore the suit was dismissed on 25-7-1950. On 31-7-1950 an application was filed for setting aside this order of dismissal of the suit. The learned Subordinate Judge declined. Hence this revision petition.

(3.) When the civil revision petition was admitted, I find a note had been made by Viswanatha Sastri J: