M.C. JAIN C.J.—The learned Single Judge by his order dated 13.12,89 has referred the following two questions to be answered by a larger bench:-

1- vk;k mHk; i{kdkjku dh mifLFkfr esa vxj okn vne lk{;] vne iSjoh ,oa vne mifLFkfr ds :i esa [kkfjt fd;k tk;s ml okn dks D;k vuqifLFkfr esa [kkfjt okn ekuk tk ldrk gS\

2- vk;k izfroknh dks lqus fcuk ,oa mldks iqu% uEcj ij ysus ds vknsk dh lwpuk fn;s fcuk D;k vfxze dk;Zokgh ckn esa dh tk ldrh gS\F

2. Before considering the above referred questions, it would be appropriate to notice few relevant facts. The non-petitioner Manak Chand instituted a suit for arrears of rent and ejectment against the defendant petitioner Shishupal, on 9th May 1980 in the court of Munsif Beawar. The defendant appeared and filed his written statement on 15.12.80. Thereafter issues were framed. On 2.01.1985 the defendant and his counsel were not present so an exparte order was passed. On 11.9.85, the plaintiff and his counsel were also not present and so the suit was dismissed in default. An application for restoration was filed by the plaintiff and the suit was restored to its original number on 11.10.85 without notice of the restoration application to the defendant. T

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