S. BARMAN, J.

( 1 ) THE plaintiff is the petitioner in this civil revision directed against an order of the learned Munsif, 2nd Court, Cuttack, in proceedings arising out of Title Suit No. 104 of 1953, whereby the learned Munsif allowed the opposite party defendant's application under Section 151 Civil Procedure Code for restoration of a certain Misc. Case No. 274 oh 1956 hereinafter mentioned, which was dismissed for default.

( 2 ) THE matter arose in these circumstances: In 1953 the plaintiff filed a suit being Title Suit No. 104 of 1953 for partition of joint family properties. On 6-81954 a preliminary decree was passed ex parte for partition. Thereafter the plaintiff filed an application for making the decree final. A Commissioner of Partition was appointed for making the allotment. In due course the Commissioner tiled his report and allotment papers. On 12-7-1956 defendant No. 3 being the opposite party herein objected to the report of the Commissioner on certain grounds. The hearing of the objections was fixed to be heard on 9-8-1956. On that date 9-8-1956 defendant No. 3 did not appear. Accordingly an ex parte final decree was passed. On 10-9-1956 defendant No. 3 filed an