ORDER : This is a revision application by Shrimati Rukhma Bai, plaintiff against the decree of Shri S.M. Jog, Judge Small Causes Court, Bhopal, dismissing her suit in default under O. 17, R. 3, Civil P.C. 2. Shrimati Rukhma Bai had instituted the suit against Daulti for the recovery of Rs. 61/- with the allegations that she had advanced Rs. 407- on 17-8-1951 and another sum of Rs. 42/- on various dates and that this advance was to be adjusted by making credit on the basis of 'pullas' of grass which Daulti, defendant, was to cut. The plaintiff's case is that the amount to be so adjusted conies to Rs. 21/- only and that thereafter he discontinued to do the work. Daulti contested the suit but admitted having received the first sum of Rs. 40/-. His case Is, that the amount to be adjusted exceeds the advance and no amount was due from him. 3. 11-10-1954 was fixed for final hearing but on the request of the plaintiff the case was adjourned to 25-10-1954, which was later declared a public holiday. 8-11-1954 was then fixed for disposal. The case was taken up that day at 11 a.m. and when the plaintiff and her witnesses were absent the suit was dismissed under O. 17, R. 3, Civil P.C. The defendant and his Counsel were also absent that day. 4. The order of dismissal suffers from two defects, firstly, the order could not be passed under O. 17, R 3, Civil P.C. and secondly, even if the judgment was to be pronounced on merits the plaintiff's suit should have been decreed for a sum of Rs. 19/-. 5. Order 17, R. 3, Civil P.C. comes into play when the previous adjournment was on the request of the party which committed default even on the adjourned date. In the present case the request for adjournment was made on 11-10-1954 and not on the next date 25-10-1954. The second adjournment was thus due to reasons beyond the control of the plaintiff and consequently she could not in any way be held responsible for this adjournment. Even if her witnesses did not turn up on 8-11-1954, it cannot be said that she had failed to produce evidence for which time had been granted to her. 6. The second adjournment was thus due to reasons beyond the control of the plaintiff and consequently she could not in any way be held responsible for this adjournment. Even if her witnesses did not turn up on 8-11-1954, it cannot be said that she had failed to produce evidence for which time had been granted to her. 6. Considering that the defendant and his counsel were also not present, the learned Munsiff could consider taking up the case after lunch so that it may be dismissed or decided ex parte after a reasonable time had been allowed for the witnesses to turn up. This observation should not be interpreted to mean that in each and every case too much latitude should be shown to the counsel or to the parties. In case the parties to the suit and their Counsel are in the habit of coming late, the Presiding Officer can be strict but at the same time it is desirable that the cases should not be decreed ex parte or dismissed in default in the early hours of the day if there is other work on the file which could be taken up meanwhile. 7. In view of the admission of the defendant that he had received Rs. 40/- from the plaintiff the burden lay upon him to prove how this advance had been repaid in full when the defendant did not lead any evidence, the plaintiff's suit should have been decreed for the amount admitted by the defendant, subject to such deductions as the plaintiff herself pleaded in the plaint. 8. In view of the fact that both the parties and their witnesses were not present on the day when the suit was dismissed it is but proper that the present revision application be allowed and the case sent back for rehearing according to the law. 9. The revision application is hereby allowed, the order of dismissal is set aside and the case is remanded to the lower Court for re-hearing according to law after registering it at its original number. Costs of the revision on the parties while the costs of the lower Court Would abide the final decision of the case. Revision allowed.