1. This appeal is directed against the order passed by the District Judge, Ernakulam dismissing I.A. 403/83 in O.P. 143/1980.

2. Appellants herein filed O.P. 143/1980 under S.276 of the Indian Succession Act (for brevity'the Act') seeking issue of letters of Administration in respect of will dated 15-9-1976 said to have been executed by one Anna who died on 7-2-1980. They were represented by Advocate Sri. R.C. Plappally. The petition was opposed by the respondents herein. There was a move for settlement of the dispute between the parties and the case was being adjourned for settlement or enquiry. On 21-11-1983 on the ground that appellants and their counsel were absent, the O.P. was dismissed for default. Appellants filed I.A. 403/83 through Advocate Sri. Easwara Iyer seeking restoration of the O.P. under Order IX R.9 of the Code of Civil Procedure (for brevity 'the Code') praying that the O.P. may be restored to file. The petition was dismissed and hence this appeal.

3. It is agreed that the parties were attempting settlement which ultimately did not materialise. At that stage, appellants engaged another advocate to prosecute the case. The definite averment in I.A. 403/8