(1.) The appellant is the plaintiff in the suit O.S.No.41 of 2014 on the file of the Subordinate Judge's Court, Karunagappally.
(2.) The suit was instituted for granting a decree for specific performance of an agreement allegedly executed between the plaintiff and defendants 1 and 2 for sale of the plaint schedule property in favour of the plaintiff and also for setting aside the sale deeds executed by defendants 1 and 2 in respect of that property in favour of other defendants during the subsistence of the agreement with the plaintiff. When the suit came up for trial in the list on 14.1.2016, the plaintiff was absent and there was no representation for her in the court below. Therefore, the suit was dismissed for default. Thereafter, the plaintiff filed I.A.No.137 of 2016 under Order IX Rule 9 of the Code of Civil Procedure for restoration of the suit to file. As per the impugned order, the learned Sub Judge dismissed the aforesaid application. The appeal is filed challenging the aforesaid order.
(3.) We have heard learned counsel for the appellant and learned counsel for respondents 1 and 2.