K.Sahai, J.

1. The principal point which requires consideration in this case is whether a Court can, in exercise of its inherent power set aside an order of dismissal for default of an application under Rule 9 of Order IX of the Code of Civil Procedure and restore the application.

2. The facts necessary to appreciate the points which have to be considered are these. The plaintiffs, who are the opposite party in this Court, filed Title Suit No. 19 of 1950 in the Munsif 1st Court at Sasaram. One of the dates fixed in the case was the 21st June. 1954. On that date, the defendants filed hazri, and the plaintiffs pleader filed a petition for time, but that petition was dismissed. The parties were directed to get ready at once for hearing of the suit.

Later, the suit was called out; but no one responded on behalf of the plaintiffs. It was therefore, dismissed for default. On the 20th July, 1954, the plaintiffs filed an application under Rule 9 of Order IX of the Code for an order to set aside the dismissal of the suit. This was registered as Miscellaneous Case No. 20 of 1954. On the 4th December, 1954, that case was also dismissed for default.

On the same day, however, the plaint