JOTINDRA NATH GHOSH Vs. SOURINDRA NATH MITRA

JUDGEMENT

(1.) The facts are as follows - The petitioner brought a suit No. 12 of 1926 in the Court of the Additional Judge of Barisal.

(2.) The 19 May was fixed for the hearing of the suit. Petitioner did not appear and the suit was then dismissed for default. He then made the usual application under Order 9, Rule 9. This application was fixed for hearing on 14 August. He again failed to appear and the application was dismissed for default. He then again applied to have the dismissal set aside under Section 151 and Order 9, Rule 9.

(3.) The learned Judge heard the pleaders. He held that the petition could not be held to be under Order 9, Rule 9 because in his opinion Order 9, Rule 9 could not be applied with the help of Section 141 to the case of an application under Order 9, Rule 9 which had been dismissed for default and he therefore rejected the petition. The petitioner moved this Court and obtained this rule.