FAIZAN WARIS Vs. ANDAZ SHAH WARSI

JUDGEMENT

(1.) Heard learned Counsel for the parties. The scope and ambit of Explanation to Order XVII, Rule 2 of the Code of Civil Procedure, 1908 falls for determination in this appeal. As the issues are primarily legal, detailed reference to the factual aspects would be unnecessary. Factual background in a nutshell is as follows:

(2.) This appeal was dismissed for want of prosecution, vide order dated 24.4.2013, as the Counsel for the appellants was not present on that date. Therefore, an application for recall of the order dated 24.4.2013 [C.M. Application No. 42660 of 2013] has been preferred. As sufficient ground has been shown by the appellants' Counsel, the application is allowed and the order dated 24.4.2013 is recalled. The F.A.F.O. is restored to its original number and the parties were heard on merits.

(3.) The main question involved in the instant appeal is whether the order passed by the Trial Court is on merits or is an order passed under Order IX of the Code of Civil Procedure.