JUDGMENT : 1. I think this was a hard case. Neither party was present when the case was called on and the record shows that the plaintiff put in his appearance later on in the course of the same day. His explanation was that he had set out hoping to reach the Court in time, but had taken longer on the journey than he had anticipated. Without, professing to lay down any general rule governing cases of this sort, I do think that Courts of Small Causes should not show themselves too rigid or exacting in the case of a litigant who was acting evidently with a bona fide purpose of prosecuting his suit. The defendants never appeared in the Court below have and been unrepresented at the hearing of this application. 2. I set aside the order of the Court below and in lieu there of allow the plaintiff's application for the restoration of his suit to the file of pending suits, subject to this condition that he will bear all costs here ani hitherto, excepting the Court-fee stamp on the plaint which will abide the event of the case. The Court below will restore the case to its file of pending suits and dispose of it according to law.