( 1 ) THE petitioners are plaintiffs. The ruit was filed for a declaration that they are the heirs of Mir Sardar Ali. The suit was decread exparte on 27-11-1972. An application I. A. No. 21/73 under Order 9 Rule 13 CPC was filed to sat aside the exparte decree. This application was dismissed on 30-5-1977 as the defendants or their advocate were not present when the petition was called for enquiry. Thereafter, an application I. A. Ne. 470/77 was filed under Order 9 Rule 9 CPC to set aside the order of dismissal pased in I. A. No. 21/73, on the ground that the General Power of attorney wrongly noted the hearing date as 6-6-1977, This petition was dismissed by the trial Court on 13-7-1981. On appeal, the additional Chief Judge. City Civil Court, Hyderabad allowed the appeal and restored I. A. No. 21/73 on condition that the defendants deposit Rs. 1oo/- towards costs. Aggrieved by this order the plaintiff filed this revision petition.

( 2 ) THE learned counsel for the petitioners raised two-fold contention, namely, that tho appeal is not maintainable under Order 43, Rule 1, cpc as against the second application to restore the application to set aside the exparte decree and