NARASIMHAM, J.

( 1 ) THIS revision is against an order dated 25-11-48 passed by the Subordinate judge of Sambalpur in Misc. case No. 14/ 1948 arising out of Title Suit No. 46/1944. The material facts are as follows :-

( 2 ) THE petitioner was the plaintiff in Title Suit No. 46/44 which on 16-3-48 was dismissed for default of the plaintiff. Then he filed a restoration petition under order 9 Rules 8 and 9, C. P. C. This was registered as Misc. case No. 14/1948 and on 25-10-48 the Court after being satisfied that there was sufficient cause for the inability of the plaintiff to proceed with the suit on 16-3-1948, passed the following order :

"this application for the restoration of the suit T. S. No. 46/44 will therefore be allowed if the plaintiff deposits the sum of Rs. 100/- towards the costs of the defendants within one month from this date failing which this application shall stand dismissed but without costs".

( 3 ) ON 25-11-48 the following order was passed by the same court.

"plaintiff does not deposit Rs. 100/- towards the costs of the defendant as per order No. 34 dated 25-10-48 but he applies for time to deposit the said amount. The order dated 25-10-48 leaves no jurisdict