ESMAIL EBRAHIM Vs. HAJI JAN MAHOMED

JUDGEMENT

(1.) In this case the plaintiff sued the defendant for eight thousand three hundred rupees. The defendant put in a written statement admitting the claim to the extent of Rs. 207 only which he brought into Court. The suit was called on on the 17 August and the plaintiff was present in Court with his attorneys clerk and his witnesses ready to proceed with the hearing of the suit, but the two Counsel whom he had instructed were both absent. The defendant's Counsel appeared and raised issues and another Counsel was instructed by the plaintiff's attorneys clerk to apply for an adjournment which, however, was not granted. The Court after waiting for some time for the plaintiff's regularly instructed Counsel to appear, on their non- appearence, dismissed the suit with costs.

(2.) It is clear that the order of dismissal cannot stand because the plaintiff was entitled to a decree for the sum of Rs. 207 brought into Court, and as it is necessary for us to pass a decree for that amount at least, we think it is open for us to recon-sider the whole case.

(3.) The plaintiff has filed two appeals, the first an appeal against the order which was made under Section 103 of the Civil Procedure Code, and the second an appeal against the decree dismissing his suit.