This petition of revision arises out of an execution proceeding initiated by the Shillong Co-operative Town Bank, Ltd., against Sailendra Kumar Datta, the present petitioner. The execution petition was opposed by the peti­tioner on the ground that it was barred by limitation.

(2) On the 5th September, 1950, it appears that the counsel for the parties were heard on the objection raised by the judgment-debtor. After hearing them, the learned 'Ex-officio' Sub-Judge, Shillong, ordered that the records of execution cases mentioned in the petition for execution be put up on the 11th September 1950. On that date, the counsel for the judg­ment-debtor was present but the decree-hol­der and his counsel were both absent. The learned Judge dismissed the application for default stating that the decree-holder was absent and was taking no steps. On the 26th April 1951, the decree-holder applied for res­toration of the execution petition. The coun­sel for the parties were heard the same day and the execution petition was restored under S. 151, Civil P. C. The order passed by the learned Judge on the petition for restoration of the original petition for execution is very brief. All that it states is

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