N.L.Untwalia, J.

1. The facts of this case are rather peculiar, which demand a suo motu exercise of the inherent powers of the Court for restoration of Title Suit No. 14 of 1958, instituted in the Munsifs First Court at Patna. Mosammat Balkeshia was the sole plaintiff in that case and the sole defendant was Ahmad Bihari, Opposite Party No. 1 in this Civil Revision Application. Balkeshia died on 25-1-1962, during the pendency of the suit in the Court below. Nobody brought this fact of the death of Balkeshia to the notice of the Court. The suit was dismissed on 28-3-1962 as neither party appeared on that date. Apparently, it was dismissed under Order 9, Rule 3 of the Code of Civil Procedure (hereinafter called the Code). A few months after, on 24-7-1962, Miscellaneous Case No. 75 of 1962 was filed by Opposite Party Nos. 2 to 4 for restoration of the suit and their substitution as plaintiffs in it. More than a year after that, Shrimati Ramrati Devi, the petitioner in this Civil Revision Application, filed Miscellaneous Case No. 103 of 1963 for almost the same reliefs as were prayed for in the Miscellaneous Case No. 75 of 1962, and asking the Court in express terms to set aside