D.B.Dutta, J. - (1.) -This application under section 115 CPC is directed against an order passed by the learned Munsif, 2nd court on 15.9.94 in J. Misc. Case 10 of 1993 restoring J. Misc. Case 12 of 1991.
(2.) The opposite party filed the J. Misc. case 12 of 1991 claiming pre-emption under section 8 of the West Bengal Land Reforms Act. The said Misc. case was fixed for final hearing on 18.3.93. On that date, the Misc. case was dismissed for default by order No. 18 dated 18.3.93 which reads as under: "Both parties file hajira. Today is fixed for P.H. Learned lawyer for the plaintiff stated before me in open court that he has no instruction from his client except it. Plaintiff is absent on repeated calls. So the case is liable to be dismissed. It is now 11-00 a.m. Hence, it is ordered that the misc. case be and the same is dismissed for default."
(3.) The opposite party filed on 20.3.93 an application supported by affidavit under Order 9 Rule 9 CPC praying for setting aside of the aforesaid order of dismissal of the application for pre-emption and for the restoration thereof and the said application was registered as J. Misc. Case No. 10 of 1993.;