JUDGMENT

H.N. Agarwal, Member. - This is a revision against the judgment and order passed by Sri S.K. Ahmad, Addl. Commissioner, Jhansi Division, in appeal no. 117 of 1969, Ram Nath v. Ram Swarup.

2. I have heard the learned counsel for the revisionist and have gone through the record. The O.P.has not appeared in spite of service of notice.

3. The facts of the case are as follows-

The revisionist Ram Swarup had filed a suit u/s: 229-B Z.A. and L.R. Act against Ram Nath and others which was decree by the J.D., Jhansi by his order dated 21-11-1969. The O.Ps., Ram Nath and others had filed an appeal against this order had filed an appeal against this order before the Commissioner, Jhansi division which was dismissed in default on 21-10-1972. Subsequently by the impugned order dated 4-1-1973 the learned Addl. Commissioner restored the appeal on payment of the costs of Rs. 75/-. This order has been challenged in revision.

4. The learned counsel for the revisionist has argued that the court below has acted illegally in exercise of jurisdiction inasmuch as there was no reasonable cause for setting aside the order dated 21-10-1972. The discretion vested in the court to set aside a dismissal