JUDGMENT :

S. K. Ray, J. - This appeal is by the Plaintiff filed under Clause (1) of the Letters Patent read with Rule 4 of the Orissa High Court Order, 1948 from the order of summary dismissal dated 24-4-1970 passed by Hon?ble Justice B.K. Patra In M.A. No. 67 of 1969.

2. Plaintiff filed M.S. No. 115 of 1966 in the Court of the Subordinate Judge, Cuttack for recovery of about Rs. 20,000/- on the basis of a Purja (pronate) dated 6-10-1957 which had been executed in satisfaction of two earlier Purjas dated 1-1-1954 and 27-10-1954 for sums of Rs. 5,000/- and Rs. 10,000/- respectively.

3. The Defendants raised various pleas including the one that there was no passing of consideration under the suit hand note. The suit was posted to 19-3-1968 for hearing and it was dismissed for default of the Plaintiff in presence of the Defendants with costs.

4. On 17-4-1968, the Plaintiff filed a petition under Order 9 Rule 9 read with Section 151, CPC for restoration of the suit after setting aside the order of dismissal. This application was registered as Misc. Case No. 19 of 1968. The Defendants resisted it and ultimately the said restoration petition was dismissed. Being aggrieved by the order of di