V.R. NEWASKAR, J.

1. The only substantial question involved in this petition for revision is as regards the competency of a review petition against an order pronouncing judgment by the improper exercise of powers under Order 10, Rule 4 (2) of the Civil Procedure Code.

2. The opponent-plaintiff filed the present suit, out of which this revision petition arises, for a declaration regarding her title to certain land as the sister heir of one Somli. The suit was filed against the four defendants who claimed title to the said land and whose names were directed to be mutated in place of deceased Somli.

3. The defendants contested the suit claiming that they were the sons of Jomlya who was the brother of the plaintiff and deceased Somli. They put forward their preferential right.

4. The written statement incorporating the aforesaid pleas was submitted on 28-9-1957. The court thereupon asked the plaintiff to file a rejoinder and at the same time required the parties to remain present on the next date to which the suit was adjourned namely 21-10-1957. On the adjourned date the plaintiff's counsel informed that the plaintiff did not want to file any rejoinder. The court thereupon required t