S. K. CHAKRAVARTI, J.

( 1 ) THE short point that arises for determination in these two cases is as to whether an application under Section 151 of the Code of Civil Procedure would lie to set aside an order of dismissal of an application for review filed by the tenant in a proceeding under the Calcutta Thika Tenancy Act. There was an order for ejectment passed on terms and thereafter the present petitioner filed an application for review. That application was set down for hearing on the 1st August, 1964 and on that date the parties had filed Hazira and though the opposite party was found to be present, the petitioner was found to be absent and the learned Judge, therefore, dismissed that Misc. case for default. Thereafter the petitioner filed an application under Section 151 of the Code of Civil Procedure for setting aside that order of dismissal. The learned Controller held that there was no scope for an application under Section 151 of the Code of Civil Procedure and accordingly rejected that application. The present Rules were issued in respect of that order. On behalf of the opposite party, Mr. M. M, Mukherjee relies on a decision of this Court as (1964) 68 Cal WN 1064. Sibani

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