KRISHNAN Vs. P KRISHNAKONAR

JUDGEMENT

(1.) THE revision is directed against an order of Sub-Court, Tiruchirappalli, dismissing an appeal filed against an order of the District Munsif, Tiruchirapalli, dismissing the application for restoration of an application pending in that Court.

(2.) PETITIONER herein who is the second defendant in O.S. No. 175 of 1988, filed I.A. No. 1074 of 1988 for restoration of the earlier application I.A. No. 977 of 1988 which was dismissed for default. The District Munsif dismissed I.A. No. 1074 of 1988 holding that sufficient reasons were not given for restoration. Against the order, the petitioner filed C.M.A. No. 28 of 1992 on the file of Sub-Court, Tiruchirapalli. The Subordinate Judge followed my judgment in Swarnambal v. K. Thambi and two others (1990 TLNJ. 409 = 1994-1-L.W. 285). I had reconsidered my view taken in an earlier case in V.P. Nagarajan v. Prabhavathi (1989 I L.W. 543) and held that an appeal was not maintainable as against the order dismissing the application for restoration of a proceeding. I have considered the provisions of O. 43, R. 1(c), C.P.C. as well as S. 141, C.P.C. I had also referred to earlier authorities on this aspect of the matter.