This is a revision petition filed by Ram Ratan defendant against the order of the District Judge, Bhind, who reversed the finding of the Subordinate Judge, Bhind and restored the plaintiff's suit.

2. The material facts of the case leading to this revision are that in the plaintiff's suit issues were framed on 9-3-1946 and his witnesses were summoned on several dates on which they appeared put their statements could not be recorded due to several reasons. On 23-5-1947 the Subordinate Judge ordered the plaintiff to pay the process fee and he fixed 28th June for examining the witnesses. On this date witnesses were not present as the process fee was not paid. The Subordinate Judge dismissed the suit for default. Application for restoration was also dismissed by him, as he held that the plaintiff's illness was not proved and no sufficient reasons were given for not depositing process fee in time. In appeal the learned District Judge reversed the finding and ordered the restoration of the suit on payment of costs.

3. On 13-2-1950 the question for determination before Shinde, J., was whether the order of the first Court dated 28th June 1947 was made under Section 159 of the Gwalior C