( 1 ) THIS is an application under Section 115 of the Code of Civil Procedure and is directed against Order No. 374 dated 8th December 1973 and Order No. 375 dated 22nd December 1973 passed by Shri A. N. Mitra, Subordinate Judge. 6th Court at Alipore in Misc. Case No. 22 of 1973.

( 2 ) THE facts of the case may briefly be stated as follows :--The opposite parties Nos. 1 to 3 instituted a Title Suit No. 7 of 1964 for partition of accounts against the petitioners and Manki Shaw, since deceased, the mother of the petitioner No. 1 and the opposite parties Nos. 1 and 4. On 12th of June 1973 when the suit was fixed for further hearing, no one appeared on behalf of the plaintiffs and as such the suit was dismissed for default. Thereafter the plaintiffs filed an application under Order 9, Rule 9 of the Code of Civil Procedure read with Order 17, Rule 2 and Section 151 of the Code for setting aside the order of dismissal. On the said application Miscellaneous Case No. 22 of 1973 was started. The petitioners contested the application by filing objection. Evidence was adduced by both the parties. The learned Subordinate Judge after considering the evidence on record and t