SOSAMMA Vs. MARIYAMMA

JUDGEMENT

(1.) When a suit is dismissed as not pressed, can such a decree be set aside under Order 9, Rule 9 of the Code of Civil Procedure

(2.) Ext.P4 common order passed by the court below, by which the court below has chosen to restore the suit and to set aside the decree of dismissal of the suit as well as the decree passed in the counter claim after condoning the delay of 2180 days, is under challenge.

(3.) The respondent herein, as plaintiff, had filed O.S.No.94 of 2008 before the court below for getting the settlement deed and the release deed, which were executed in favour of the petitioner herein, set aside. In the written statement, the petitioner herein, who was the defendant in the said suit, had set up a counter claim. The suit ultimately came up in the list on 29.09.2008. At that stage, the learned counsel for the plaintiff filed a memo before the court below stating that the suit was not pressed. In the light of it, the court below had dismissed the suit, and decreed the counter claim.