R G ORR Vs. NAGAPPA CHETTI

JUDGEMENT

(1.) Assuming that the Subordinate Judge was right in making the order directing a further written statement to be put in by the plaintiff (a question upon which we do not wish to express an opinion) we are clearly of opinion that that order was complied with so far as the information of the plaintiffs permitted.

(2.) We think the Subordinate Judge was altogether wrong and there was no ground whatever for proceeding under Section 113.

(3.) We, therefore, set aside the order of the Sub-Judge dismissing the suit, and direct that the suit be restored to the file and disposed of according to law.