( 1 ) THIS revision petition is directed against the order dated 25th May, 1989 passed by Shri Ghansham Dass Gupta, Sub Judge 1st Class. Delhi whereby the applications of the defendants-petitioners under Order 9 Rule 9 of the Code of Civil Procedure, 1908 and also under Order 22 Rule 4 of the Code of Civil Procedure, 1908 read with Section 5 of the Limitation Act have been dismissed.

( 2 ) THE facts giving rise to this revision petition are that a suit under Order 37 of the Code of Civil Procedure, 1908 was filed by the plaintiff-respondent against petitioner No. I through its sole proprietor, late Shri Hans Raj. At this stage it may be noted that the petitioners are the legal heirs of Shri Hans. Raj, deceased. An application for leave to defend filed by Shri Hans Raj before the trial Court was dismissed in default on 6. 1. 1988 and consequently a decree was passed against Shri Hans Raj, the defendant. The defendant, Hans Raj, during his life time filed an application under Order 37 Rule 4 of the Code of Civil Procedure, 1908 on 13. 1. 1988 for restoration of the application and consequently for setting aside the decree, which was dismissed in default on 6. 1. 1988. (sic)