SUDHA CHANDRASEKHARAN K Vs. SASIKALA

JUDGEMENT

(1.) The questions of law involved in this Writ Petition are the following:

(2.) On 30-8-2008, the plaintiffs filed I.A. No. 1559 of 2008 under Order IX, Rule Rule 9 of Order IX and Section 151 of the Code of Civil Procedure to restore the suit which was dismissed for default. The first defendant opposed the application. It was contended that the suit was dismissed under Rule 5 of Order IX of the Code of Civil Procedure and therefore, the only remedy available to the plaintiffs is to file a fresh suit.

(3.) The court below allowed I.A. No. 1559 of 2008 as per Ext. P-6 order dated 3-7-2010, which reads as follows: