This revision petition arises from an order dt. 14-3-88 passed by the learned Sub Judge (I) setting aside the order of dismissal of Original Suit No. 39/85/ 13/88 for default of plaintiffs appearance.

2. The suit was instituted by seven (7) plaintiffs against four (4) defendants. The suit was dismissed on 23-6-87 for default of plaintiffs appearance. Thereafter an application was filed for setting aside the order of dismissal. Defendants 1 and 3 received the notice of the application for restoration of the suit. It is stated at the Bar that the defendant 4 did not receive the notice. There is also no service report whether the summons on defendant 4 has been served or not. As regards the defendant 2, the service report of the process server, is that the summons on defendant 2 could not be served as he died about a year ago. The report is dt. 18-4-88. The admitted position is that the defendant 2 Bharat Prasad Gupta died on 17-10-86 and that no legal heir or legal representative was brought on record. However, the learned Sub Judge dismissed the suit on 23-6-87 and allowed the petition for restoration of the suit by an order dt. 14-3-88 on payment of Rs. 35/- as costs. Henc