JUDGMENT

Ghulam Hasan, J. - The circumstances out of which this revision arises are somewhat unusual.

2. The applicant Mangal Misra son of Prabodh Misra, describing himself in the plaint as the resident of village Jaitha, pargana Amsin, district, Faizabad, and now staying in Poundey city, district Prome Burma, filed a suit for possession against the opposite-parties as long ago as the 9th of May, 1947. This description is repeated in the memorandum of revision. The suit was filed throughout his son Jai Narain Misra as true and Lawful attorney for his father. The power of attorney which is on the record shows the residence of the two as identical. The plaint was signed by a pleader. Issues were framed. One of the Defendants had disputed the identity of the Plaintiff, According to him the Plaintiff was not Mangal Misra but Mangal Singh Thakur. It was pointed out that before witnesses deposed, as to the Plaintiff identity it was necessary to secure his attendance in Court. On February 6, 1948, the Court ordered the Plaintiff to appear in person as ho was admittedly a resident of Faizabad district. Two applications were made on behalf of the Plaintiff one for cancellation of the order di