Raj Kishore Prasad, J.

1. Defendants 2 and 3, who are the defendants second party to the suit, are the petitioners before this Court. They have moved this Court against the order of Mr. S.K. Basu, Munsif Sitamarhi, dated 6-8-1955, by which he has allowed the application of the plaintiff-opposite party under Order 9, Rule 4, Civil P.C., and restored the suit to its original file.

2. In support of the rule Mr. Prem Lall, appearing for the petitioners, contends that the order of the Court below is without jurisdiction because no notice was given to him of the restoration application, and the suit was restored without any notice to him and the Court below wrongly treated the application of the plaintiff under Order 9, Rule 4, intend of under Order 9, Rule 9, Civil P. C. In order to appreciate his point it is necessary to state certain facts. The suit was fixed for 18-7-55 for hearing. On 18-7-55 both parties, namely, the plaintiff and the defendants-petitioners applied for time, but the Court below rejected the applications for time of both the parties, because the suit was an old one, and directed the parties to get ready at once. Later in the day, when the suit was again take