1. The revision petitioner was the respondent in M. C.10 of 1978 of the Sub Divisional Magistrate's Court, Chengannur. M. C.10 of 1978 was initiated by the mother of a child for maintenance under S.125 of the Code of Criminal Procedure against the revision petitioner, the putative father of the minor. Paternity was denied by the revision petitioner. The petition stood posted to 17th June, 1978. The mother of the minor was absent when the case was called. An application had been filed by the revision petitioner for the adjournment of the case along with a medical certificate showing that he was ill. The Magistrate, however, dismissed the application for maintenance for default of the mother, who is the respondent herein. The respondent turned up soon after the dismissal of the petition, on the same day and filed C.M.P. No. 2135 of 1978 for restoration of the application, The learned Magistrate observed that the Code of Criminal Procedure does not provide for restoration of an application for maintenance once it is dismissed for default. The Magistrate, however, re-numbered the case as M. C. 98 of 1978 stating that interests of justice demanded such a course. The present