( 1 ) RAM Chander is the husband of opposite party No. 2 Smt. Champa Devi and father of opposite party No. 3 Usha Devi. This fact is not disputed. Proceedings under section 125 of the Cr. P. C. had been started by the two ladies against Ram Chander. The case was registered as Criminal Case No. 582 of 1985 and it was pending before the IV Munsif Magistrate, Varanasi.

( 2 ) ON 2/6/1986 the present revisionists application for stay was taken up. The order passed by the learned Munsif Magistrate was to allow this petition on payment of costs and on further condition this he payst all previous costs also within one week. With this condition, the written statement was ordered to be accepted on the record. The order sheet shows that the next date fixed was 11/6/1986. The contention of the revisionist is that his Counsel however informed him that the next date fixed in this case was 24/6/1986 and he was never informed of 11/6/1986 as the next date. The result was that he did not appear on 11/6/1986 when a part of the hearing was made and on 12/6/1986 when the judgment was delivered. He however appeared on 24/6/1986 and moved an application for setting aside the ex-parte or