JUDGMENT : BLAIR, J. This appeal must succeed. Proceedings in a Revenue Court for recovery of profits from the lambardar instituted by the present plaintiff had been dismissed for lack of prosecution. Further proceedings took place upon the same subject-matter before an Assistant Collector, and in appeal came before the District Judge. The District Judge remanded the case to the Munsif for disposal. It is that action on his part which is impugned in this appeal. It seems to us that the Judge had no statutory justification for the course which he has adopted, and he has in fact ignored the provisions of section 197, clause (1) of the New Tenancy Act, which enacts that the Appellate Court shall dispose of the appeal, if it has before it all the materials necessary for the determination of the suit, as if the suit had been instituted in the right Court. 2. It seems to us that the Court below had ample materials before it for the disposal of the suit. The suit originally brought by the plaintiff having been dismissed on a previous occasion on the ground of absence of the plaintiff in the presence of the defendant, there was no course open to the Court except to dismiss the suit under section 103 of the Code of Civil Procedure which is rendered applicable to proceedings under the New Tenancy Act by section 193 of that Act. We allow the appeal, set aside the order of the District Judge, and restore the decree of the Court of first instance with costs in all Courts.