This civil revision under Section 115, C.P.C. was dismissed on 29-8-88 for default of the petitioner. It was restored on 28-9-88 at the instance of the petitioner. After that the case was called for hearing for the second time on 22-12-88; but on that date also, the petitioners counsel was absent. As it was not possible for the Court to go on dismissing for default and again restoring when the counsel makes a request; I perused the petition of revision and, by my judgment dated 9-2-89, dismissed it ex parte on merits.

2. Mr. S. K. Sen, the late senior counsel for the petitioner assiduously pressed for vacating the ex parte judgment of dismissal and for disposing of the revision after hearing him. On consideration that the party should not suffer because of the fault of the counsel, I issued notice to the opposite party and then heard the counsel for both sides.

3. The facts of the case were as follows. The opposite party was the plaintiff in Title Suit No. 136/78 of the Court of Sadar Munsif at Guwahati. The suit was for eviction of the petitioners and some other persons, who were the defendants, from the suit land. The process-server submitted report to the trial Court tha