D. P. MOHAPATRA, J.

( 1 ) ONE of the defendants in original suit No. 168 of 1976-I of the Court of the Munsif, Puri has filed this application under S. 115 of the Civil P. C. being aggrieved by the order dated 8-12-1981 rejecting his application to restore Misc. Case No. 10 of 1981, under O. 9, R. 13, Civil P. C. The gist of the relevant facts leading to this proceeding may be stated thus: The opposite party No. 1 filed the above mentioned suit against the petitioner and opposite party Nos. 2 and 3 for declaration of title and for recovery of possession in respect of Ac. 0. 06 decimals of land in plot No. 3521 under Khata No. 941 of village Sripurusottampur in the district of Puri. The plaintiff-opposite party No. 1 based his title to the disputed land on the registered sale deed dated 8-4-1972 said to have been executed by opposite party No. 3, Brahmananda Misra, son of Kasinath Misra for a consideration of Rs. 100/ -. The petitioner-defendant No. 1, while denying the allegations made by the opposite party No. 1 took the stand that opposite party No. 3 is not the son of Kasinath Misra, but he is the son of one Binayak Misra. Kasinath Misra, the father of the petitioner, had a son