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Judgment
The order passed by the learned Subordinate Judge cannot for a moment be supported. The suit was filed on the 4th April 1919, and on the 4th December 1919 the learned Subordinate Judge heard both sides, framed issues and fixed the 2nd of February 1920 for hearing. On the 2nd February 1920 the parties applied for time. The defendant filed a petition for amendment of the issues. On that day the learned Subordinate Judge adjourned the case to the 26th March 1926, "for attendance of the Pleaders without witnesses," for the consideration of the question of the amendment of issues. It is perfectly clear that he did not as the 26th March 1920 for hearing of the suit. It appears that on the 26th March neither party appeared and be dismissed the suit for default. Clearly the learned Subordinate Judge had no right whatever to dismiss the suit on the 26th March 1920, because he did not fix that date for the disposal of the suit. All that he could do on that day was to dismiss the defendant''s application for amendment of the issues he could not do anything else.
We must set aside the order passed by the learned Subordinate Judge and direst him to proceed with the suit.
The learned Subordinate Judge will now consider the application of the defendant for amendment of the issues.
The petitioner is entitled to the scats of this application.