JUDGMENT :- This is a defendants second appeal arising out of a suit for profits under S. 230, U.P. Tenancy Act, No. 17 of 1939. The suit had been instituted by Jawahar Lal, the plaintiff-respondent. During the pendency of the suit he became insane and his son was appointed his next friend. On 27-7-1948, the suit was dismissed in default.

An application for restoration of the suit was made on 25-8-1948, which was described as "an application by Prem Chand, the pairokar of the plaintiff, through his Vakil Sri Jamuna Prasad". In that application it was contended that the plaintiff had been ill on 27-7-1948, when the case was fixed for hearing.

The application in restoration was allowed and the suit was restored to file on its original number of re-hearing by an order dated 4-11-1948. The defendant had made an application for the review of the order of restoration taut that application was rejected.

Ultimately the suit was decreed by the learned Assistant Collector, first class, on 30-3-1950, in the sum of Rs. 80/12/9 with proportionate costs and interest. Prom that decision an appeal was taken before the Civil Judge of Mathura, being Revenue Appeal No. 33 of 1950, and the appeal was dis

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