SAVITHRI VASU Vs. ESHWARA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE appellant is aggrieved by the dismissal of the petition filed under O. 9, R. 9 of the Civil Procedure Code filed by him requesting the Trial Court to set aside the order of dismissal passed in O. S. No. 2957/1984 and to restore the suit to its original position.

(3.) THE learned counsel Sri B. C. Seetharama Rao for the appellant submitted that the Trial Court dismissed the petition merely on the ground that the petition ought to have been filed under O. 22, R. 9 of the civil Procedure Code seeking setting aside the abatement order passed and since the appellant filed the petition under O. 9, R. 9 of the civil Procedure Code, the Trial Court observed that the petition is misconceived and the second reason given by the Trial Court is that as the suit was dismissed as having become abated, the course open to the appellant was to file a petition under O. 22, R. 9 of the civil Procedure Code and not under O. 9, R. 9 of the Civil Procedure Code. It is on these reasoning, the Trial Court dismissed the petition.