1. In this application in revision by some of the defendants some interesting questions have been raised for decision.

2. The plaintiff opposite party instituted a money suit for recovery of a sum above Rs. 35,000.00 against the defendants. By order dated 1-11-1971 the court below called upon the plaintiff to take steps for fresh service of summonses upon defendants 4 and 5, Although service of summons upon the principal defendant (Petitioner No. 1) had been validly effected as agreed at both the hands in this Court, the court below, in the same order as well as in the impugned order, has recorded that service upon the said defendant had not been effected as the summons had been mis-sent. However, in spite of several adjournments the plaintiff failed to take any steps in regard to the filing of the process, etc. for service of summons on the aforesaid defendants and ultimately by order dated 5-7-1972 the suit was dismissed for default. Long thereafter an application under Order IX Rule 4 of the Code of Civil Procedure (hereinafter to be referred to as the Code) was filed by the plaintiff on 28-11-1972 for restoration of the suit. It was stated in the petition that the plain