( 1 ) THIS is a First Appeal From Order under Section 209 of the Indian Succession Act against an order o the learned District Judge of Kanpur refusing to restore an application for the revocation of a Probate dismissed for default of appearance of the appellant. It is necessary to state a few facts because the order of the Court below is very sketchy and does not give the necessary facts.

( 2 ) ONE Manni died issucless in 1934 leaving behind a house and a widow. The appellants father manian was, at the time of his death, the nearest reversioner. Srimati Dulari, the widow of manni, is alleged to have made a will in favour of Lakshmi Narain, the respondent. Srimati dulari died on 4th of February, 1946. Lakshmi Narain applied for a Probate to the will of Dulari on 29th of October, 1946. Lakshmi Narain, in his application for the grant ot Probate, did not mention that Manian was close relation of the deceased, and secondly, no notice of the Probate proceedings was given to manian. It appears that Manian came to know about the giant of Probate to Lakshmi Narain during the course of the proceedings of a suit -- Suit No. 1396 of 1947 of the Munsifs court.

( 3 ) ON 17th of J