Misra, J.

1. This appeal is directed against an order dated the 10th August 1963 of the Election Tribunal, Patna, in Election Case No. 354 of 1962. The appellant put in an election petition questioning the validity of the election of respondent Sri Tribikram Deo Narain Singh, respondent No. 1, to the Bihar Legislative Council. The petition was dismissed by the Tribunal by order dated the 5th of December, 1962. An application was filed under Order 9, Rule 9, Code of Civil Procedure, for restoration of the election case. The petition for restoration was also dismissed by the Election Tribunal on the 10th August 1963. The appellant feeling aggrieved by the order dismissing the application for restoration has come up to this Court.

2. A few dates, which are relevant, may be set out here. The election petition was filed on the 11th of June 1962 and the Election Commission sent the case for trial to the Election Tribunal, Muzaffarpur, on the 11th of July, 1962. It was received in the office of the Tribunal on the 19th of July 1962. The Member, Election Tribunal, Muzaffarpur, however, considered it improper to take up the trial of the case because he knew both the parties. Accordi