( 1 ) THIS Revisional Application has been referred to a Larger Bench by a Division Bench presided over by Mr. Justice Anil Kumar Sen (as his Lordship then Was) for consideration by the Larger Bench the two points raised by their Lordships in the Division Bench: (1) Whether by invoking the provision of Section 141 of the Code, an application under Order 9 Rule 4 or Order 9 Rule 9 of the Code can be made for setting aside an order of dismissal for default of an application under Rules 4, 9 or 13 or Order 9 of the code? (2) When such an application is maintainable, what would he the limitation for such an application

( 2 ) THE revisional application was made under Section 115 of the Code of Civil Procedure by the petitioner Mst. Nurnahar Bewa and another against Rabindra Nath Deb and others, inter alia, challenging Order No. 40, dated 9th July, 1982 passed by learned Subordinate Judge, 2nd Court, Alipore in Miscellaneous Case No 55 of 1982.

( 3 ) THE short fact relevant for appreciating the points involved in this Special Bench Reference case may be stated as follows : -TITLE Suit No 22 of 1980 was instituted by the opposite party No. l against the petitioners being t