GH MOHD MUGHLU Vs. KHAN ALI MOHD

JUDGEMENT

(1.) THIS is an application for restoration of the application for leave to sue in forma pauparis which was dismissed for default for the appearance of the applicant on 3 -6 -70. The present application for restoration was made on the same day, when the original application was dismissed for default.

(2.) AN objection has been raised on behalf of the respondents in the case that the application for restoration does not lie as the provisions of Order 9 C. P. C. do not apply to such proceedings. That order, it is submitted, applies only to suits and not to applications under 0.38 C. P. C. Reliance is placed on A. I. R. 1958 Calcutta 182 and A. I.R. 1950 Nagpur 82.

(3.) MR . S. C. Kaul the counsel for the petitioner has, on the other hand, submitted that by virtue of Section 141 of the Civil Procedure Code the provisions of Order 9 C. P. C. would apply. In support of his contention he has cited A. I. R. 1933 Madras 5 and A. I. R. 1954 Saurashtra 65.