( 1 ) TITLE Suit No. 97 of 1972 was instituted by the plaintiffs-opposite parties. On the 11th December, 1974, three P. Ws. were examined. On that date, the defendant-petitioners filed an application for local inspection. It was allowed. Subsequently, that application for local inspection was rejected by the learned Munsif. Then the date was fixed for hearing of the suit. On the date fixed, the defendant made an application for adjournment. The prayer was allowed as last chance and the suit fixed on 25th July, 1975, for peremptory hearing. On that date, the plaintiff-opposite parties were present. But the defendants failed to appear. Then the learned Munsif proceeded to deliver the judgment. The suit was decreed and then, the defendant-petitioners put in an application for restoration of the suit according to the provisions of Order 9 Rule 13 of the Code of Civil Procedure. The plaintiff-opposite party raised an objection as to maintainability of the petition under Order 9 Rule 13 of the Code of Civil Procedure. The learned Munsif held that that application was not maintainable. An appeal was preferred. The appellate court took the same view and dismissed the appe