G. K. MISRA, J.

( 1 ) DEFENDANT is the petitioner. The facts leading to the Civil Revision may be stated in a narrow compass. Money suit No. 28 of 1961 in the Court of the subordinate Judge of Bolangir was filed on 1st August, 1961 with deficit court-fee. Time was granted to pay the deficit court-fee till 24th August 1961 in the first instance and then again till 12th September 1961. On the latter date the Court passed orders to the effect-"deficit court-fee not filed nor any requisites filed. Plaintiff is absent on repeated calls. No steps taken by him. His pleader is also not present. . Plaint is rejected for non-payment of deficit court-fee. " just a day after on 13th September 1961 the pleader for the plaintiff filed a petition for restoration of the suit under Section 151 C. P. C. The pleader Sri sidheswar Sai himself filed an affidavit solemnly affirming that though he himself took the adjourned date for 12th September 1961, due to inadvertence he entered the date in his diary for 14th September 1961. As the mistake was purely of his own, he could not take steps on 12-9-1961 and that for the ends of justice the suit should be restored to file and that the party who had paid