Somayya, J.

1. O.S. No. 121 of 1940 on the file of the District Munsifs Court, Anantapur, was dismissed for default on 22nd July, 1941. An application to set aside the dismissal for default was filed on 25th July, 1941, by I. A. No. 474 of 1941. This application was dismissed for default by an order dated 1st October, 1941. Against this order an appeal was preferred by the plaintiff and the District Judge of Anantapur dismissed the appeal holding that no appeal lay against the order of the District Munsif dated 1st October, 1941.

2. Order 43, Rule 1 (c) under which the appeal was preferred to the lower appellate Court runs thus;

An appeal shall lie from the following orders under the provisions of Section 104, namely :-(c) an order under Rule 9 of Order 9 rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit.

3. This order applies in terms to the order of the District Munsif dated the 1st October, 1941. I. A. No. 474 of 1941 was an application for an order to set aside the dismissal of the suit, and the order passed on 1st October, 1941, rejecting this application for default is certainly an order rejecting the application for an