K.B.N.SINGH, J.

1. All these three revision applications have been referred to a Full Bench of five Judges, as the correctness of the Full Bench decision of three Judges, in the case of Doma Choudhary V/s. Ram Naresh Lal, AIR 1959 Pat 121 has been doubted in view of later decisions of the Supreme Court in the case of Mahanth Ram Das V/s. Ganga Das, AIR 1961 SC 882, and in the case of Manohar Lal Chopra V/s. Rai Bahadur Rao Raja Seth Hira Lal, AIR 1962 SC 527. All these three applications have been heard together and this judgment will govern all of them.

2. In all these three cases the question involved is whether an application under S. 151 is maintainable for restoring an application under O. IX, R. 9, or O. IX, R. 13 or an application under O. XLI, R. 19 of the Civil P. C. (hereinafter referred to as the Code), which has been dismissed for default.

3. To appreciate the point involved, I shall state shortly the facts of the first case, namely, Civil Revision No. 713 of 1970. The petitioners in this civil revision application instituted Title Suit No. 8 of 1964 in the court of the Munsif, Buxar, for declaration that the sale deed dated the 13th Jan. 1940, in respect of 0.1