JUDGMENT:- This revision petition, by a defendant, arises out of an order passed by the Subordinate Judge of Theog on 7-5-1956, purporting to restore an application under O. 9, R. 9 (which had been dismissed in default on 14-1-1955) in the exercise of his inherent powers under S. 151, Civil P. C.

2. The following dates are material in this case. The suit, giving rise to the present revision petition, was instituted on 1-10-1954. It was dismissed in default of the plaintiff on 3-11-1954.

An application under O. 9, R. 9, was filed by the plaintiff on 13-11-1954, seeking the restoration of the suit. This application was also dismissed in default of the plaintiff on 14-1-1955. On 26-3-1955, an application, purporting to be under S. 151, Civil P. C., was put in by the plaintiff, wherein the inherent powers of the Court were invoked to restore the application under O. 9, R. 9.

3. On notice of the application under S. 151, Civil P. C., being given to the defendant, the latter contended that the application was not only incompetent, but was also time-barred. In the alternative, he pleaded that there was no sufficient cause for restoring the application under O. 9, R. 9.

4. The learned Subordin

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