Panchal, J. -- 1. Leave granted. This appeal, by special leave, is directed against the judgment dated 29.3.2007 rendered by the High Court of Madhya Pradesh, Bench at Gwalior in Civil Revision No.122 of 2005, by which the order dated 5.5.2005 passed by the learned First Additional District Judge, Gwalior in MJC No.3 of 2004 allowing the application filed by respondent 1 under Order 9 rule 9 read with section 151 of the Code of Civil Procedure is confirmed and the order dated 16.12.2003 in MJC No.35 of 2001 (new number 29 of 2003) dismissing the said case for default as well as order dated 23.8.2001 dismissing MJC No.25 of 1998 for default are set aside and Civil Suit No.3-A of 1996, which was dismissed as withdrawn on 28.2.1997, is restored.

2. The relevant facts emerging from the record of the case are as under: late Mr. Shankar Lal, 'who was the father of respondent 1, filed Civil Suit No.l1 of 1955 for partition of the joint properties. The said suit was decreed on 10.7.1978. Feeling aggrieved, the appellant preferred First Appeal No.60 of 1978 before the High Court. The learned Single Judge of the High Court set aside the decree passed by the trial Court and remanded t