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Judgment
Phillips, J.—The petitioner seeks to revise an order passed by the Agent to the Governor at Vizagapatam setting aside the dismissal of a suit
for default and ordering its restoration to file. It is here contended that the power under Agency E. 55, given to the Agent to the Governor, can
only be exercised if he is satisfied that the order of the lower Court is not according to law. It is significant that the Agency rules do not provide for
any appeal against an order refusing to set aside a dismissal. Therefore the exercise of discretion by the first Court becomes final and is not subject
to alteration by the appellate Court. If the Agent to the Governor was satisfied that this discretion had not been properly exercised by the first
Court he would be justified in acting under Rule 55. In the present case, on the merits, his order is certainly rights for I am of opinion that the
Special Assistant Agent omitted to take into consideration many circumstances which might probably have induced him to reconsider his order. If,
therefore, the. Governor''s Agent thought that the Assistant Agent had not exercised his discretion judicially, as he evidently did, he was justified in
taking action under Rule 55. The petition is dismissed with costs.