( 1 ) THIS civil revision filed by the defendant arises out of an order of restoration passed by the second Additional Civil Judge, Dehra Dun, under the following circumstances : The suit was dismissed for the plaintiffs default in the forenoon of 22-6-1959. Immediately after the order was signed [he counsel for the plaintiff entered the courtroom and within a few minutes made an application for restoration of the suit under Order 9, Rule 9, C. P. C. The Court passed an order

"let a copy of the application be given to the defendants counsel and the case be put up for orders after lunch. " On the copy of the application served on the defendants counsel they noted that they had no instructions. The learned Second Additional Civil Judge finding the grounds sufficient set aside the order of dismissal on that very day and restored the suit. It is against this order that the present revision has been filed.

( 2 ) THE only point which has been contended in this case by Sri S. N. Misra, learned advocate for the applicant, is that the Court below had no jurisdiction to set aside the order of dismissal and restore the suit without notice to the applicant and that the counsel fo