Horwill, J.

1. The petitioners suit was decreed ex parte and the respondent put in an application under Order 9, Rule 13, Civil P.C., to set aside the ex parte decree. A conditional order was passed setting aside the ex parte decree if the respondent deposited a certain sum of money within a prescribed time. The condition was not fulfilled and so the petition was dismissed. No appeal was preferred against that order; but a petition was filed purporting to be under Order 9, Rule 9 and Section 151, Civil P.C., to restore the earlier petition which had been dismissed for non-fulfilment of the condition. The District Munsif considered the application on its merits and came to the conclusion that the respondent did not show sufficient cause for re-opening the earlier application. He accordingly dismissed it. An appeal against this later order was preferred to the District Court, Chittoor. No question as to the maintainability of the appeal seems to have been raised and the learned District Judge came to the conclusion that the respondent had substantially complied with the condition and that the petition should have been granted.

2. It has been held in Salar Beg. v. Kottayya A.I.R. 1