JUDGMENT

Broadway, J. - This is an appeal from the order of the District Judge, Rawalpindi, refusing to restore an application for cancellation of letters of administration which had been dismissed in default. The facts are these:--Two persons Mt. Kirpi and Bodh Raj filed an application in the Court asking that certain letters of administration that had been issued by the Court should be cancelled on the ground that the said letters had been obtained by fraud. The 3rd March 1927 was fixed for hearing of this application but was dismissed for default.

2. On the same date an application under Order 9, Rule 9, Civil P C. was filed by the applicants, the present appellants, in which it was stated that the applicants were, as a matter of fact, present outside the Court on the date in question and that when the case was called on for hearing one of the applicants, Bodh Raj went off to fetch his counsel but by the time he had returned with his counsel found that the application had been dismissed. It was further stated that Mt. Kirpi, the other applicant, was unable to go into the Court room when the case was called on for the reason that she was blind. A reference to the application Shows that it was signed by both the petitioners, the advocate for the petitioners and certain witnesses who were present to give evidence for the petitioners in the application proceedings. From this it may be gathered that the absence of the petitioners in this case was by no means intentional. It certainly would have been better had Mt. Kirpi been able to enter the Court room when the case was called on, but the fact that she was blind and that her co-applicant had gone off to call his counsel is one that, I think, may be regarded as an excuse or reason for her failure to go into the Court room.

3. After a careful consideration of all the circumstances in this case, it seems to me that restoration might well have been ordered in this case, the applicants being made to pay such costs as the trial Court considered reasonable. I, therefore, accept this appeal and, setting aside the order dismissing the application in default direct the restoration of the (sic) application which should now be disposed of in accordance with law. I leave the parties to bear their own costs in this Court.