1. Appellant herein filed the suit against the respondents. The suit was dismissed on 7-4-1982. Appellant filed I A. 465 of 1982 to restore the suit under Order IX R.9 C.P.C. The court below dismissed the application holding that the dismissal of the suit was not under Order IX R.8 C.P.C. and hence it could not be restored under Order IX R.9 C.P.C. This judgment is now challenged.

2. It appears the suit O.S. 77/80 concerned in this case and another suit, O.S. 17/82, were tried jointly and purportedly disposed of on merits. The decree and judgment in O.S. 17/82 have been confirmed in A.S. No 65/82 of the District Court, Thodupuzha.

3. Evidence was being recorded in O.S. 77/80. The case was posted for trial to 1-4-1982. on that day plaintiff was not ready. Adjournment application filed on behalf of the plaintiff was dismissed. Plaintiff d d not adduce evidence on that day. Evidence on behalf of the defendants was adduced on that day and succeeding days. Arguments were heard on 5-4-1982 and suit dismissed on 7-4-1982. There is no doubt that the dismissal purports to be on merits. Learned counsel for the appellant would contend that even though the dismissal purported to be o