V.B. Gupta, J.

.1. Present appeal has been filed against order dated 3rd July, 2006 passed by Additional District Judge, Delhi, dismissing the appellants application under Order .IX Rule 9 of Code of Civil Procedure (for short as ‘Code’).

2. Appellants filed a suit in this Court bearing (old number 487/75) on its original side jurisdiction in year 1975. Vide order dated 17th January, 1985, that suit was clubbed with another (Suit No. 235/66).

3. (Suit No. 487/75) was treated as main suit. Common evidence was recorded in these two suits, after they were clubbed together. After conclusion of trial, both matters came at the stage of final arguments in year 1994.

4. Due to the change of pecuniary jurisdiction in year 2003, (Suit No. 487/75) was transferred to District Courts, whereas, (Suit No. 235/66) remained in this Court.

5. In (Suit No. 487/75), Additional District Judge, ordered for issuance of court notice to the appellant and his counsel, but despite service of court notice, no one turned up from the side of appellant and accordingly, this suit was dismissed in default on 8th March, 2004.

6. On 9th March, 2004, an application under Order IX Rule 9 of the Code, was fil