GANESH BALKRISHNA Vs. GOVERDHANDAS

JUDGEMENT

(1.) THIS revision under Section 115 of the Civil Procedure Code is by the plaintiff against the order, dated 27-4-1962, passed by Shri Devendrasingh, Additional district Judge, Alirajpur in Civil Misc. Case No. 9 of 1961 refusing to restore to file civil Appeal No. 4 of 1961 which had been dismissed at his instance.

(2.) THE petitioner had filed a suit for specific performance of contract of sale of a motor car and damages on 18-2-1955. That suit was dismissed on 9-12-1959. The trial Judge mentioned that the dismissal was under Order 17 Rule 3, Civil procedure Code.

(3.) THE petitioner on 23-12-1959 filed an application under Order 9 Rule 9, Civil procedure Code for restoration of the suit to file. The application was dismissed by the trial Court on 24-2-1960 on the assumption that the dismissal of the suit being under Order 17 Rule 3, Civil Procedure Code Order 9, Rule 9, was not attracted and the remedy of the plaintiff was to file an appeal against the order dismissing the suit tinder Order 17 Rule 3, Civil Procedure Code.