This civil miscellaneous appeal is filed as against an order made in I.A.No.289 of 2005 in O.S.No.225 of 2004 on the file of II Additional Senior Civil Judge, Nellore, dated 25th October 2005.

2. Appellant herein petitioner-plaintiff filed the aforesaid application under Order IX Rule 9 read with Section 151 of the Code of Civil Procedure (hereinafter in short referred to as ‘the Code’ for the purpose of convenience) praying for restoration of the suit which was dismissed for want of representation on 01.8.2005. Respondentdefendant resisted the application and the learned judge, after recording certain reasons, arrived at a conclusion that there are no grounds to allow the application and accordingly dismissed the said application. Aggrieved by the same, the present civil miscellaneous appeal is preferred.

3. Smt. Ramani Jonna, learned counsel representing the appellantplaintiff made the following submissions.

The learned counsel would contend that the dismissal of the application on the ground that the affidavit of the plaintiff was not filed in support of the application cannot be sustained for the reason that the advocate on record who had sworn to the affidavit ha