GOVINDASWAMI DIED Vs. VEDANAYAGAM PILLAI

JUDGEMENT

(1.) THIS revision arises out of the order passed in i. ANo. 2075 of 1986 in I. A. No. 1404 1982 in O. S. No. 11 of 1973. The suit O. S. No. 11 of 1973 was dismissed for I. A. No. 1404 of 1982 was filed under O. 9, Rule 9 of c. P. C. , to restore the suit. application was also dismissed for default. Hence i. ANo. 1404 of 1982. THIS application also dismissed for default. In the order passed in I. ANo. 2075 of 1986 dated 25. 8. 1987 stated as under: ' ; Petition filed under O. 9, Rule 9 and Sec. 151, C. P. C. , to restore the I. ANo. 1404 of which was dismissed for default on 2. 12. 1986 Counter not filed. The petitioner and petitioner' ; s counsel called absent at 10. 30 a. m. The Petition is dismissed for default.

(2.) IT is against this order, the present revision has been preferred defendant/petitioner. The learned counsel appearing for the petitioner herein submits Application No. 2075 of 1986 was filed with an affidavit disclosing all the material show as to why the petitioner was unable to be present on the date of hearing. counter was filed by the other side. Again it was contended that the above said petition dismissed even at the threshold at 10. 30 a. m. inspite of the fact that a representation made on behalf of the petitioner by another advocate by name Arunachalam. therefore pleaded, the lower court was not correct in dismissing the I. A. No. 2075 of 1986, default.