These two petitions arise out of a common order passed by the Principal District Munsif, Salem, in two petitions under Order 21, rules 104 and 105 and section 151 of the Code of Civil Procedure. These two petitions before the lower Court were to restore R.E.A. No. 1326 of 1956 and R.E.A. No. 648 of 1956 which were dismissed on 16th April, 1958, for non-prosecution. The petitioners before me who were the decree-holders before the District Munsif had obtained an order of eviction of the respondent from a building and they applied to the District Munsif for execution of that order for obtaining delivery of possession. These two petitions, one for recognising the assignment and the other for an order of delivery, came up before the District Munsif on a particular date. On that date the counsel for the decree-holder was not present. A request for adjournment till the counsel appeared was refused. The party was unable to go on with the proceeding and consequently, the District Munsif made the order dismissing the Execution Petitions for non-prosecution. The order which is now sought to be attacked by Mr. Ramamurthi, counsel for the petitioners, is an order restoring the two E.