( 1 ) THE question which has been referred to the Division Bench for answer is this: Whether the provisions of Order 22 read with Section 141 Civil P. C. would apply to proceeding initiated under Order 9, for restoration of a suit dismissed in default?

( 2 ) THE referring order gives the following facts: Mst. Sikandar Jahan Begum filed Civil Suit No. 9-A of 1964 in the Court of First Additional District Judge, bhopal, in forma pauperis. She remained absent on 3-11-1966 and her counsel pleaded no instructions. The suit, therefore, came to be dismissed in default of appearance of the plaintiff. An application was later filed for restoration of the suit which came to be registered as Miscellaneous Judicial Case No. 29 of 1966. Notices were issued to the defendants to show cause. The report of the Process server, given sometime in Sept. , 1967 was that the defendant No. 1 had refused to accept the notice. To this, the other defendants raised an objection that the defendant No. 1 had already died and the proceedings had abated for reason of non-joinder of his legal representatives within time. Before steps could be taken to implead the legal representatives of the deceased defe