JUDGMENT :

J.M. Panchal, J.

Leave granted.

2. This appeal, by special leave, is directed against judgment dated March 29, 2007 rendered by the High Court of Madhya Pradesh, Jabalpur, Bench at Gwalior in Civil Revision No. 122 of 2005, by which order dated May 5, 2005, passed by the learned First Additional District Judge, Gwalior in MJC No. 3 of 2004 allowing the application filed by the respondent No. 1 under Order 9 Rule 9 read with Section 151 of the Civil Procedure Code is confirmed and order dated December 16, 2003 in MJC No.35 of 2001 (new number 29 of 2003) dismissing the said case for default as well as order dated August 23, 2001 dismissing MJC No. 25 of 1998 for default are set aside and Civil Suit No.3A of 1996, which was dismissed as withdrawn on February 28, 1997, is restored.

3. The relevant facts emerging from the record of the case are as under:

Late Mr. Shankar Lal, who was father of the respondent No. 1, filed Civil Suit No. 11 of 1955 for partition of the joint properties. The said suit was decreed on July 10, 1978. Feeling aggrieved, the appellant preferred First Appeal No. 60 of 1978 before the High Court. The learned single Judge of the High Court set aside the dec