ORDER : Plaintiffs (opp. parties) filed O.S. 271 of 1959 in the court of the Subordinate Judge, Puri, for recovery of Rs. 23,000. An ex parte decree was passed against the defendant (petitioner) on 4-2-1961. He filed an application under Order 9, Rule 13, Civil Procedure Code on 1-3-1963 in M. J. C. 43/63 which was dismissed for default on 22-6-1963. Against that dismissal order, he filed M. A. No. 71/1963 in the High Court. On 1-10-1963 this miscellaneous appeal was permitted to be withdrawn. The order of the High Court was to the following effect. :

Mr. Misra wants to withdraw this appeal saying that he will move the Subordinate Judge. He is permitted to withdraw. We do not express any opinion as to the maintainability of such an application before the Subordinate Judge.

On 4-11-1963 petitioner filed an application u/s. 151, C.P.C. before the Subordinate Judge, Puri, in M. J. C. 283/63 for setting aside the order dated 22-6-1963 dismissing M. J. C. 43/63 for default. This application was dismissed on 10-2-1964 and against this order the Civil Revision has been filed.

The ground taken by the petitioner to show sufficient cause for his absence was that his authorised agent Biswanath P