N.L.Untwalia, J.

1. The petitioners had filed panper Miscellaneous Case No. 41 of 1960 against the opposite parties for permission to sue them in forma pauperis. After the formalities and the requirements of Rules 4 and 5 of order 33 of the Code of Civil Procedure (hereinafter called the "Code") had been gone into and complied with, notices were directed to be issued to the opposite parties. They were issued and served. The opposite parties appeared to contest the application of the petitioners. Eventually, the miscellaneous case was fixed for hearing on 11-2-1961. On that date, however, the petitioners took no steps. The opposite parties filed a petition for time which was rejected as frivolous. The ease was called out for hearing, but none responded to repeated calls. The miscellaneous case was, therefore, dismissed for default. From the order dated 11-2-1961, it is manifest that the dismissal of Miscellaneous Case No. 41 of 1960 was at a point of time when both the parties had absented themselves and none had responded to repeated calls. It is also undisputed that the case was dismissed when the stage of adducing evidence and advancing arguments under Rule 7 of Order 33