( 1 ) THE facts giving rise to this civil revision may shortly be stated as follows; the non-applicant plaintiff Pooranchand filed a civil suit (civil suit No. 31a of 1958) on 25-8-1958 in the Court of the III Additional District Judge jabalpur, challenging the adoption of the applicant-defendant komalchand as the son of one Halkoolal. The suit was dismissed for default of his appearance on 22-4-1959, presumably under Rule 8 of order IX of the Code of Civil Procedure. On the same date an application for restoration of the suit was made by him under Rule 9 of Order 9 ibid, which was registered as Miscellaneous Judicial Case No. 3 of 1959. This application was also dismissed for default of the plaintiffs appearance on 3-9-1959. Against the aforesaid order, dated 3-9-1959, the plaintiff non-applicant on 30-111959 filed an appeal (Miscellaneous (First) Appeal No. 161 of 1959) in the High court under Rule 1 (c) of Order XLIII of the Code of Civil Procedure. This appeal was dismissed summarily by this Court on 29-1-1960; and an appeal (Letters patent Appeal No. 13 of 1960) filed against the aforesaid summary dismissal was also dismissed summarily by a Division Bench of this Cour