KHITISH CHANDRA NANDI Vs. CHATURBHUJ THAPA AND ORS.

JUDGEMENT

(1.) THIS appeal arises from an order of the Additional District Judge Dibrugarb made in Misc Case No 11 of 1980 on 10.2.81 rejecting an application for setting aside the dismissal of Title Suit No. 6 of 1980.

(2.) FACTS , -On 16.8.80, the date fixed for hear for of Title suit No 6 of 1980, the Plaintiff prayed for adjournment of the bearing of the suit. Adjournment vas granted till 25.9.80 subject to the payment of the costs. On that day, the Plaintiff did not appear. An application was however filed for adjournment of the bearing on the ground that he was lying ill. The Court refused to grant adjournment and dismissed the suit for default of appearance. Thereafter, the Plaintiff filed an application under Order 9, Rule 9 for an order to set the dismissal aside. The trial Court rejected the application. Hence this appeal.

(3.) THE question which arises for consideration is whether the suit has been dismissed under Order 17, Rule 2 or under Order 17, Rule 3, Code of Civil Procedure.