ORDER :- This revision petition is filed against the order of the Munsiff, Imphal, dismissing an application for restoration of another application which had been dismissed for default.

2. The petitioner filed Title Suit No. 26 of 1957 in the Munsiff Court, for recovery of certain land with mesne profits. He had closed his evidence in the case and the defence was to begin on 15-11-1957. On that day, the petitioner was absent and the suit was dismissed for default. Then he filed an application on 28-11-1957 for restoration of the suit. It was Miscellaneous Case No. 58 of 1957. That underwent many adjournments.

Ultimately, it was also dismissed for default of plaintiffs appearance. Then, the petitioner filed another application, Miscellaneous Case No. 59 of 1958 for reviving the earlier application. That also was dismissed for default of appearance. Then, he filed Miscellaneous Case No. 11 of 1959 on the very same day on which Miscellaneous Case No. 59 of 1958 was dismissed for default stating that he was present in the Court Compound when the case was called and that it was by a mistake that the case happened to be struck off.

The Munsiff could have easily restored Civil Miscellaneous

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