Order S. Ali Ahmad, J. Although a lot of argument have been advanced and a lot of facts have been brought to my notice, but most of them are not relevant. The fact relevant for the disposal of this application is that Title Appeal No. 21 of 1985 was taken up for hearing by the 1st Additional District Judge, Deoghar on 12.8.1991 and was heard on that day and some other dates till 26.8.1991. On 27.8.1991 no one appeared on behalf of the appellant. The case was dismissed for default. That order is under challenge. Having heard learned counsel for the petitioner and learned counsel for the opposite party. I am of the view that the case should not have; been dismissed for default because arguments were already heard on several dates. If on the adjourned date no one appeared on behalf of the appellant then the court should have delivered the judgment on the basis of the arguments already advanced. I accordingly set aside the order dated 27.8.1991 dismissing the appeal in default. The appeal arose out of a suit for eviction which was filed in the year 1977 on the ground of personal necessity and default in payment of rent. It is high time that this appeal is decided. Since the contesting parties to the suit are present in Court, therefore, I am fixing the date in the appeal. Both sides will appear before the 1st Additional District Judge, Deoghar on 20.11.1991. The learned Additional District Judge will not adjourn the case on that day on any ground whatsoever and will hear the appeal on that day and if necessary on the subsequent date. The court below will also pronounce the judgment before the court closes down for x-mas holidays. The civil revision is thus allowed but without costs. Revision allowed.