GOVINDARAJU Vs. LALA

JUDGEMENT

(1.) THE point lor determination is whether a civil revision petition which has been dismissed for default of appearance can be restored. So far as this High Court is concerned there are two lines of decision.

(2.) BYERS, J. in Ramamurthi v. Meenakshi Sundarammal 1945-1 Mad LJ 4: (AIR 1945 Mad 103) following the decision of Burn, J. in Khizar Muhammad v. Abdul razack, 1941-2 Mad LJ (NRC) 88 came to the conclusion that this court has no jurisdiction to restore to file civil revision petitions which have been dismissed for default of appearance mainly on the ground that O. IX R. 9 C. P. C. applies only to suits and not to civil revision petitions. Byers, J. also followed his own decision in subbamma v. Venkata Reddi, 1942-2 Mad LJ 356: (AIR 1943 Mad 260 (1) ). This is one line of decisions.

(3.) KUNHI Raman, J. in C. M. P. No. 5421 of 11942 and Wadsworth, J. in C. M. P. No. 2962 of 1943 have taken the view, that this Court has powers to restore such revision petitions.