( 1 ) BY this order, I would be disposing of the applications bearing IA No. 7872/87 and IA. 1494/89 both under Order IX Rule 9 Civil Procedure Code moved by the plaintiff for restoration of the suit dismissed in default and for non-prosecution. IA No. 931/90 is the application under Section 5 of the Limitation Act for condonation of the delay in moving the above applications.

( 2 ) MR. Lalit Kumar Bhargava, the plaintiff now deceased had instituted this suit seeking declaration that the deed of dissolution of partnership dated 9. 4. 1984, between the parties was invalid and the same had been obtained by the defendant fraudulently and by misrepresentation. Further as a consequence thereof a decree of dissolution of the partnership firm and rendition of accounts was sought in the suit. The plaintiff and the defendant were brothers.

( 3 ) THE application IA No. 1494/89 in fact seeks the restoration of an earlier application IA No. 7872/87, which was dismissed in default and for non-prosecution. The applications have been vehemently opposed by the counsel for the defendant as being highly belated, barred by limitations and not maintainable. Counsel urges that these r