( 1 ) THE question that arises for decision in this case is whether the procedure prescribed by Order 9, Civil Procedure Code, applies to the proceedings before the Tahsildar under the Andhra Tenancy Act, 1956 (Act No. XVIII of 1956 ). The facts which gave rise to this question are shortly these :- the petitioners in this Civil Revision Petition filed an application, A. T. P. No. 8 of 1959 before the Deputy Tahsildar, Prattipadu, under sections 6, 11 and 13 of the andhra Tenancy Act to evict the respondent from the land which is the subject-matter of the application. On 6th July, 1959, when the petition was called, the petitioners were absent. Therefore, the Deputy Tahsildar dismissed the petition. His order is as follows :- "the petitioners are absent. The petition is dismissed. "

( 2 ) WHEN the petitioners came to know of the dismissal of the petition, they filed an application supported by an affidavit before the Deputy Tahsildar on 12th July, 1959, to restore A. T. P. No. 8 of 1959. On that, the Deputy Tahsildar, by his order, dated 22nd July, 1959, accepted the statement in the affidavit and restored A. T. P. No. 8 of 1959 to file. Against that order restoring the petition, the

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