JUDGMENT

A. S. NAIDU, J. : The appellant seeks to assail the order dated 3.4.1992 passed by the 1st MACT, Sambalpur in Misc. Case No.35 of 1991 arising out of MAC Case No.80 of 1987. By the impugned order the learned Tribunal has rejected the prayer of the appellant to restore the aforesaid MAC Case which was dis¬missed for default on 21.3.1990. As it appears from the narration of acts in the impugned order, the aforesaid MAC Case was filed by the appellant and the Tribunal directed to issue notice to the two opposite parties. Requisites for issue of notice were duly filed by the appellant and notice was issued to respondent No.1. The order passed on 21.11.1989 reads as follows :-

“Advocate for the petitioner files a petition for time to take step against OP-2. S.R. of OP-1 not back. Call on 5.4.90 for taking steps against OP-2 and awaiting S.R. of OP-1. Issue remin¬der for S.R. of OP-1.”

Thereafter the case was adjourned to several dates. The case was posted to 21.3.1990 for filing of deficit requisites for taking out notice on opposite party No.2. On that date, as it appears from records, without filing the deficit requisites as above, Hazira was filed in the case and by the imp