James, J.

[1] In a case under Section 145, Criminal P. C., Jagannath Singh and another were one contesting party and Bidheshi Chamar and others the other party. The Magistrate held Bidheshi Chamar etc., to be in possession of the disputed property and forbade the other party from interfering with their possession. Jagannath Singh and his colleague went up in revision to the Sessions Judge,' who after hearing the parties and examining the evidence made a reference to this Court recommending that the Magistrate's order be set aside.

The reference came up for hearing before me on 7-3-1955. That day Jagannath Singh and his colleague were duly represented by counsel, but Bidhpshi Chamar etc., were found absent despite personal service, nor was there any counsel to represent them. After examining the Sessions Judge's order of reference and hearing the counsel for Jagannath Singh I held that the reference was a perfectly correct one; accordingly I accepted it.

Subsequently Bidheshi Chamar, etc., through Sri S.N. Misra, Advocate, filed this application praying that the order of 7-3-1955 be recalled, the Sessions Judge's reference restored to its original number and disposed of after