AGARWALA
MT. ABIDA KHATOON – Appellant
Versus
CHOTE KHAN – Respondent
( 1 ) THIS is an application in revision arising out of proceedings taken at the instance of the applicants under Section 476, Criminal Procedure Code. There was a civil suit No. 352 of 1942, decided by the court of Munsif, Shikohabad, for ejectment from a house and arrears of rent. The suit was decreed on 30-9-1943, Thereafter the plaintiffs filed an application under Section 476, cr. P. C. , against four of the defendants and eight others for their prosecution under Section 193 and other sections of the Penal Code. On 25-5-1946 this application was allowed ex parte and an order for the prosecution of the opposite praties was made. They went up in appeal to the District Judge who, however, dismissed the appeal for default of appearance on 11-12-1948. The defendants then filed an application for setting aside the ex parte order of dismissal and for restoration of the case to its original number. This application was allowed. In the present application in revision the plaintiffs contend that the court below had no jurisdiction to restore the appeal dismissed for default because the Criminal Procedure Code does not provide for the same. As the proceedings initiated under
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