R.M. SAHAI, J.

1. This second appeal was listed on 29th July 1975 under Chapter XII Rule 4. The case was called but as no application signed by the party or his counsel along with requisite court fee stamps was presented the appeal was dismissed. An application was moved on 18th August 1975 u/s 151 CPC with a prayer to recall the order. The prayer was opposed by the other side and reliance was placed on a decision reported in Raja Ram Dayalu v. Smt. Vimta Rani 1975 ALJ 309. Brother N.D. Ojha did not agree with the ratio of the decision and referred the following question for consideration by a Division Bench:

Whether the court after dismissing an appeal or application under Chapter XII Rule 4 of the Rules of Court has jurisdiction to recall that order in the event of a specific cause being shown for no steps having been taken on the date when the case was listed under Chapter XII Rule 4 of the Rules of the Court?

2. Chapter XII of the Rules of Court deals with service of notice and summoning of record. Rule 4 lays down the consequences of non-payment of process fee. The rule pertains in the realm of procedure the basic object of which is to aid in adjudication of rights Rule