KALI SHETTATHI Vs. SHAMA RAU

JUDGEMENT

(1.) The respondent are desree-holdars whose application for execution was originally dismissed for default. They obtained its restoration under Order IX, Rule 9, of the Coda of Civil Procedure, by presenting Execution Application No 86 of 1913.

(2.) The appellants, the judgment-debtors, then applied to the District Munsif in Execution Application No. 39 of 19 3 to review his order of restoration, on the ground that if had been passed without notice to them. He granted a review and set aside his order of restoration.

(3.) Respondents then in Execution Application No, 52 of 1913 applied for a review of the original order dismissing the execution petition for default. The District Munsif granted a review and set aside the dismissal in the order, which is the subject of the present proceedings. The District Judge dismissed the appellants appeal with reference to Order XLIII, Rule 1 (u) and Order XLVII, Rule (7), of the Code of Civil Procedure.