H.L.Agarwal, J.

1. This application in revision is by the defendants against an order restoring a miscellaneous case filed by the plaintiffs, which was dismissed for default in the following circumstances. The plaintiffs instituted Title Suit No. 12 of 1966, which was ultimately dismissed for default, in the absence of the defendants on 6th May, 1971. On the same day an application under Order 9, Rule 4 of the Code of Civil Procedure was filed, which was registered as Misc. Case No. 1 of 1971. This miscellaneous case was also dismissed for default on the 31st July, 1971. Thereafter an application under Sec.151 of the Code of Civil Procedure (hereinafter to be referred to as the Code) was filed by the plaintiffs on the 21st March, 1972, obviously much beyond the period of thirty days. This application was registered as Misc. Case No. 1 of 1972. By the impugned order the learned Subordinate Judge has allowed the application and has ordered for restoration of Miscellaneous Case No. 1 of 1971 (wrongly stated in the certified copy of the order as Miscellaneous Case No. 1 of 1972).

2. It appears that in the Court below only one question was raised, namely, maintainability of an a