1. The admitted facts of the case, out of which this appeal has arisen, are these: The plaintiff, Feroz and Co. filed a suit against the defendant, Union of India, for the recovery of a sum of Rs. 5,00,000/- including the security deposits amounting to Rs. 1,70,175/- on account of the contracts entered into by him with the defendant. The suit was dismissed for default of the appearance of the plaintiff on March 27, 1964. The plaintiff filed an application for restoration on April 25, 1964. The application began with giving cause for the non-appearance of the plaintiff and then recited that the plaintiff wanted the suit to be restored only as regards his claim for recovery of the security deposits which, it was incidentally stated, was of the order of Rs. 1,00,085/-approximately, it being added that the defendant had already stated that the amount of the security deposits will be paid to the plaintiff on production of No demand certificate. Finally it was prayed that the suit might be restored. By his order dated 4th September, 1964 Mr. Justice S. M. F. AH J, as he then was, allowed the application on payment of Rs. 250/- as costs. The suit was subsequently assigned to