PARVATHI PILLAI Vs. KUTTAN PILLAI

JUDGEMENT

(1.) THIS G. R. P. is by defendants 1 and 5 against an order of the Subordinate judge of Trivandrum remanding for fresh disposal the plaintiff's petition for restoration of the suit under Order 9, Rule 9, C. P. C.

(2.) THE suit was dismissed on 23-3-1957. On 6-4-1957 the plaintiff filed an application in the trial court under Order 9, Rule 9, C. P. C. He has also preferred an appeal before the District Court of Trivandrum, from the decree dismissing his suit.

(3.) THE application under Order IX Rule 9 was dismissed by the learned Munsiff on 19-11-1957 on the ground that no such application would lie in the face of the disposal of the suit on merits under Order XVII, Rule 3, C, P. C. The appeal from the decree preferred by the plaintiff was dismissed in the District Court Qn 5-111938. Meanwhile the plaintiff had preferred a Civil Miscellaneous Appeal from the order dismissing his application for restoration of the suit. The learned Subordinate judge before whom that Civil Miscellaneous Appeal came up for disposal allowed the same by an order dated 6-12-1958 holding that Order XVII, Rule 3 could not apply to the instant case and therefore the dismissal of the suit by the trial Court must be deemed to have been made under Order XVII, Rule 2 only and remitted the petition for investigation on the merits of its contents.