PANIGRAHI, J.

( 1 ) THIS is a petition under Article 227, Constitution Act, praying for revising an order of the District Magistrate, Cuttack, in a case under the Orissa House Rent control Act. The facts are that the application of the landlord for exemption under Section 5 of the Act was dismissed for default of appearance on 22-1049. The landlord filed a petition on 28/10/49 praying for restoring his original application. The House Rent Controller did not fake up this petition for revival, but granted an exemption under Section 5, as prayed for by the landlord) ignoring the order of dismissal passed on 22/10/49. The petitioner, who is the tenant, filed an appeal before the District Magistrate against this order of the house Rent Controller, in H. R. C. Appeal No. 188 of 1949. That appeal was disposed of by the District Magistrate by his order dated 8/12/49 whereby he sham Mohan Nandi (16. 04. 1951 -ORIHC) Page 2 of 3 set aside the order of the House Rent Controller granting exemption under section 5. The District Magistrate, however, remanded the case for a re-hearing of the revival application and disposal according to law. When the case went back to the House Rent Controller,