D.N.BARUAH
Haridas Das – Appellant
Versus
Santa Rani Das – Respondent
Certainly. Here are the key points derived from the provided legal document:
An order dismissing an application for restoration of an earlier application under Order 9 Rule 9 of the Civil Procedure Code is not appealable [judgement_subject].
The petitioner filed multiple applications under Order 9 Rule 9 for restoration of a suit dismissed for default, and these applications were dismissed for default each time (!) .
The petitioner also filed an appeal against the order of dismissal of the third application for restoration, but the appellate court held that such an appeal was not maintainable (!) .
The court clarified that an application under Order 9 Rule 9 for restoration of an earlier application is maintainable under section 141 of the Civil Procedure Code, but any order passed in such a second application is not appealable under Order 43 Rule 1(c) because it pertains to the restoration of an application, not a suit [judgement_subject] (!) .
When an application under Order 9 Rule 9 is dismissed for default, the aggrieved party has two remedies: an appeal under Order 43 Rule 1(c) or a fresh application under Order 9 Rule 9 for restoration. These remedies are concurrent but distinct, and an appeal from an order dismissing such an application is not permissible (!) (!) .
The appellate court emphasized that the scope of remedies under Order 9 Rule 9 and Order 43 Rule 1(c) are different, and an order dismissing a second application for restoration is not appealable (!) .
Consequently, the court dismissed the appeal, holding that it was not maintainable, and found no illegality or irregularity in the exercise of jurisdiction by the lower courts (!) (!) .
The court did not decide on the merits of the case, as the primary issue was the maintainability of the appeal itself (!) .
Please let me know if you need further elaboration or assistance with this case.
2. The petitioner filed a title suit in the Court of Munsiff No. 1, Karimganj against Kalipada Das (since deceased), the predecessors-in-interest of the opposite party. The said title suit was dismissed for default on 1142.85. On 20 12.85 the petitioner filed a petition under Order 9 Rule 9 read" with section 151 of the Civil Procedure Code for restoration of the suit. This, petition was registered as Misc. Case No. 88 of 1985. This petition was also dismissed for default on 27.7.87. Against the order of dismissal, the petitioner instead of filing an appeal, filed yet another petition in the Court of the Munsiff No. 2, Karimganj under Order 9 Rule 9 of the Civil Procedure Code and this petition was registered and numbered as Miscellaneous Case No. 81 of 1987. This miscellaneous case was also dismissed for default on 17.11.88. Against this order of dis
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