T VENKATESA CHETTY Vs. G BALU

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the dismissal of a petition for restoration of a suit.

(2.) I have heard Mr.K.V.Ananthakrushnan, learned counsel for the petitioner and Mr.K.V.Subramanian, learned Senior Counsel for the respondents.

(3.) BY an order dated 15.12.2003, the District Munsif, Sholignur, dismissed I.A.No.272 of 2003, on the ground that the decree of dismissal of the suit was under Order XVII, Rule 3 CPC, and that therefore as against the decree so passed, the petitioner cannot come up with an application under Order IX, Rule 9 CPC.