RADHAKRISHNAN, J. :- This appeal has been preferred under Order 43, Rule 1(c) of the Code of Civil Procedure against the order in IA. 312/03 in I.P. No. 2/99 of the Subordinate Judge's Court, Tellicherry, Registry expressed doubt as to whether the appeal is maintainable. Consequently returned the appeal memorandum. Counsel appearing for the appellant submitted that since the impugned order comes under Order 43, Rule 1(c) FAO is maintainable before this Court. Registry again returned the appeal noting the following defects :

"FAO filed against the order passed in petition filed for restoration of the insolvency petition dismissed for default."

On a request made by the counsel matter has been placed before us to decide the question as to whether this appeal would fall under Order 43, Rule 1(c) of the Code of Civil Procedure.

2. Appellant herein preferred a petition under Section 7 of the Provincial Insolvency Act before the Subordinate Judge's Court, Tellicherry to declare him as insolvent. Insolvency petition was posted for evidence on 25-11-2002. On that day petitioner was absent. Case was adjourned to 28-11-2002. On that day also petitioner remained absent. Consequently that