B.P.GRIYAGHEY, J.

1. This is an appeal against the order dated 31-7-1980 passed by the Additional Subordinate Judge II. Patna dismissing the application of this appellant filed under O.9. R.9 of the Civil P.C. (hereinafter referred to as the Code), which was an application to set aside the order of dismissal dated 13-2-1980 passed in Title Suit No.245 of 1976. The said order of dismissal passed in the suit was purported to have been passed under O.9. R.8 of the Code. Besides that that was an application also under S.151 of the Code.

2. The present appellant which was the plaintiff in the suit is a private limited company and had filed the suit against several defendants, namely defendants 1 to 5. The suit was dismissed on 13-2-1980 on account of the plaintiff-appellant having not appeared in the suit on that date. It was not only on that date but the plaintiff--appellant was absenting itself from the suit continuously since last several dates i.e. from 26-11-1979. It was ultimately on 13-2-1980 on which date also the plaintiff did not appear and, therefore the suit was dismissed for default. The grounds taken by this appellant, the plaintiff of the suit, for its absence dur