Untwalia, J.

1. This miscellaneous judicial case was filed by the petitioners under Order 41 Rule 19 of the Code of Civil Procedure, hereinafter called the Code, for restoration of Second Appeal 28 of 1967, and revision of the judgment and order dated the 25th January, 1969 passed therein by Mahapatra, J. The said learned Judge was not a member of this court when the miscellaneous judicial case came up for hearing before G. N. Prasad, J., on 5-1-71. The appellants or their counsel had not appeared when the second appeal was taken up for hearing on 25-1-69, the respondents counsel had appeared. Instead of dismissing the appeal for default Mahapatra, J., cursorily examined its merits and finding no merit in it dismissed it as such. Before G. N. Prasad, J., Mr. S. C. Ghose, learned counsel for the petitioners relied upon a Bench decision of this court in Mosafir Mahton V/s. Mt. Bachani, AIR 1963 Pat 1. But the correctness of that decision was doubted in view of the decision of the Supreme Court in Sukhpal Singh V/s. Kalyan Singh, AIR 1963 SC 146 followed by a Full Bench of the Allahabad High Court in Babu Ram V/s. Bhagwan Din, AIR 1966 All 1 (FB) and hence the case has come up