G. K. MISRA, J.

( 1 ) TITLE Suit No. 293 of 1962 had been filed in the Court of the Munsif, Bhadrak, for declaration of plaintiff's occupancy right and for other reliefs. Defendant entered appearance on 16-3-1963. From that date till 8-10-1963 defendant went on applying for time for filing of written statement. On the last date the application for time was rejected and the defendant was set ex parte. Ultimately ex parte trial was held on 18-1-1964 and an ex parte decree was passed. On 18-2-1964 defendant filed an application under Order 9 Rule 13 C. P. C. which was registered as Misc. Case No. 44 of 1964. On 20-8-64 the learned Munsif held that there was sufficient cause for non-appearance of the defendant on the date of trial and restored the suit. Against this order the Civil Revision has been filed.

( 2 ) MR. Misra raised two contentions (i) the application under Order 9 Rule 13 C. P. C was barred by limitation by one day and was liable to be dismissed and that this court in exercise of its jurisdiction under Section 115, C. P. C is to set aside the order of restoration and (ii) it is incumbent upon the defendant to establish the sufficient cause from 8-10-1963 when the suit w