( 1 ) THIS Rule is directed against an order passed by the learned Munsif 1st Court at Howrah in Title Suit No. 237 of 1964 being Order No. 122 dated 10-9-1973.

( 2 ) THE plaintiff was ordered by the Court to deposit Commissioner's fees by Order Nos. 91 and 92 dated 18-3-1971 and 25-3-1971 and another chance was given to the plaintiff to deposit the same by Order No. 114 dated 26-4-1973 again by Order Nos. 114 and 115. Thereafter, in spite of repeated adjournment being given to the plaintiff on his own applications, on one plea or the other the plaintiff failed to carry out the court's order and ultimately by Order 116 dated 2-5-1973 the plaintiff's suit was dismissed. Against this order the plaintiff made an application under Section 151 of the C. P. C. to set aside the order of dismissal to restore the suit That application for restoration was rejected by the learned Munsiff. Against that order, Order No. 122 dated 10-9-1973 the plaintiff has come up in revision under Section 151 of the Code of Civil Procedure. A preliminary objection has been taken by the learned Advocate for the opposite party, his contention is that the plaintiff has not come up against O