Chaudhary Sia Saran Sinha. J.

This Civil Revision under Section 115 (1) (b) of the Code of Civil Procedure (here In after referred to as 'the Code') is directed against the order dated 16.5.1978 of the Munsif at Ranchi, passed in Misc. Case No. 20 of 1978, by which he dismissed the miscellaneous case for default. The facts, relevant for disposal of this Civil Revision, which are undisputed, are these. on the basis of a deed

of lease dated 25.9.1965, opposite party 1 to 4 of this Civil Revision instituted Title Suit 497 of 1967 against one Md. Shafi (opposite party no.5), the petitioner of this Civil Revision being the full brother of Md Shafi. The suit was for eviction of opposite party no.5 from what was described therein as a vacant piece of land as also for compensation and damages. Md. Shaft contested that suit by filing a written statement. The suit was decreed by judgment dated 31.7.1976 by which Mr. Shafi was directed to give vacant possession of the suit land to opposite party nos. 1 to 4 within 60 days from the passing of the Judgment. Certain amount was also decreed. Md. Shafi carried the matter in appeal and the appeal is still pending.

2. During the pendency of th