KUDAL J. — This revision petition under Section 115, C.P.C. is directed against the order of the learned Munsiff & Judicial Magistrate No. 1, Jaipur City, Jaipur dated 20th August, 1977.

2. The brief facts of the case, which are relevant for the disposal of this revision petition; are that the suit was dismissed in default on 16th Aprial, 1977. An application for restoration of the suit was filed on the same day. The notice of the restoration application was given to the learned counsel for the defendant who endorsed on the back of the notice that his power has terminated with the dismissal of the suit. It appears that the learned Munsiff had decided this question on 25th May, 1977, that the power of attorney of the learned counsel did not terminate with the dismissal of the suit in defult. The application for restoration was eventually allowed on 20th August, 1977 The defendant-petitioner feeling aggrieved against the order of restoration has come up in revision be for this Court.

3. The learned counsel for the defendant-petitioner has invited the attention of the Court to the provisions of 0.3, R.4, C.P.C. It has been contended that an explanation has been added by the Code of Civi

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