IRAPPA CHANAPA ARJANGI Vs. SIDAVA TUKAPPA ARJANGI

JUDGEMENT

(1.) This is an application for revision in respect of a judgment of the First Class Subordinate Judge of Sholapur, and the case arises in this way.

(2.) The original suit was brought before the joint Subordinate Judge of Sholapur and it appears from his judgment, dated February 10, 1927, that the evidence in the case had been concluded and the plaintiff's advocate was then asked by the Judge the question, " How in view of the statement of his own client the plaintiff, the marriage of Bhagawa with the deceased Shantapa could be held valid under the Hindu law"-the Judge apparently suggesting that the marriage might be invalid under the Hindu law-and the pleader asked for time to enable him to consider the question. The case was accordingly adjourned to the following Wednesday; on Wednesday neither the plaintiff nor his pleader was present and the case was them adjourned to Thursday. Again, on Thursday neither the plaintiff nor his pleader was present, a search was made for the pleader but apparently he was not in the precincts of the Court, and thereupon the learned Judge made this order, " Suit dismissed with costs for default of appearance".

(3.) From that order the plaintiff appealed 10 the First Class Subordinate Judge, who dismissed the appeal on the ground that the plaintiff ought to have applied under Rule 9 of Order IX to the trial Judge to set aside the order dismissing for default of appearance, and it is in respect of the latter order that the present application is made.