Second appeal is by the plaintiff. Suit is for recovery of property on title. The Commissioner deputed to ascertain the properties could not do so with the help of the surveyor for want of necessary survey records. Appellant failed to supply the records as ordered. Commission was recalled and the case posted in the special list for trial to 1-10-1980. Appellant did not appear, but his Advocate moved an application to remove the case from the list. When it was rejected, he withdrew and said that the appellant is not prepared to proceed further. Suit was dismissed for default and not on merits. Appeal by the plaintiff was also dismissed as not maintainable.

2. The crucial question is whether the decision is for default of non-appearance under R.2 or on the merits under R.3 of O.XVII. Disposal under R.2 could only be on any one of the methods under O.IX. If that is an ex parte decree against the defendant, it is appealable and a petition under O.IX, R.13 also will lie. But, if it is a dismissal of the suit for non-appearance of the plaintiff alone, the decision is only under O.IX, R.8. It is not an appealable decree or order. The only remedy is a petition under O.IX, R.9. Ev