NAGENDRA PRASAD SINGH, J.

1. This revision application has been filed on behalf of the defendant for setting aside an order dated 14-4-1972 passed by the learned Subordinate Judge, Dhanbad restoring the money suit filed on behalf of the plaintiff-opposite party, which had been dismissed under O. IX, R. 4 of the Civil P. C., (hereinafter to be referred to as the Code).

2. The money suit in question had been filed on behalf of the plaintiff-opposite party on 30-10-1968. 3-1-1972 was a date fixed for the hearing in the said suit. On that day, a prayer for adjournment was made on behalf of the plaintiff and it was adjourned to 7-1-1972. On 7-1-1972, none of the parties appeared and no steps were taken either on behalf of the plaintiff or on behalf of the defendant. Accordingly, the learned Sub-ordinate Judge dismissed the suit saying that when the suit was called none responded, and, as such, it was being dismissed. On 3-2-1972, plaintiff-opposite party filed a petition labelling it under O. IX, R. 9 of the Code and making a prayer for restoration of the suit in question. On the basis thereof, a miscellaneous case was registered. On that very date, the learned Subordinate Judge