( 1 ) THIS is a civil revision arising out of an order passed on 2-9-1970 in miscellaneous Judicial Case No. 3 of 1970.

( 2 ) THE aforesaid order came to be passed under the following circumstances : the non-applicant Vidyawati Bai filed a Civil suit, Civil Suit No. 1-A of 1967, inter alia, for a declaration that she was the owner of the suit house, situate in Wright Town. Jabalpur. After the plaintiffs evidence had been recorded, the defendant on 29-3-1968 applied for an opportunity to adduce evidence. The application was allowed subject to the payment of Rs. 50. 00 as costs, which was made a condition precedent. After a few adjournment when the case came up for hearing on 27-6-1968, the defendant was absent and no witnesses were present on her behalf. The court, therefore, ordered that the case of the defendant be closed and fixed the case for arguments. After hearing the arguments, the learned Additional District Judge, on 20-7-1968, delivered the judgment decreeing the suit of the plaintiff non-applicant. On 19-8-1968, an application was filed by the applicant-defendant Smt. Sitabai purporting to be under Rule 13 of Order IX of the Code of Civil procedure. This was reg