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1944 Supreme(Mad) 239

A. Ramamurthi Iyer – Appellant
Versus
T. A. Meenakshisundarammal – Respondent


ORDER

1. These two petitions, for which a common order will suffice, have been filed under Order 9 Rule 9 and Section 151 of the Code of Civil Procedure to set aside the orders of dismissal passed for default of appearance in C.R.P. Nos. 132 and 133 of 1944.

2. The facts in so far as they are necessary at this stage are that the petitioners learned advocate was not in Court when the revision petitions were called on for hearing and as his clients were also absent, the petitions were dismissed. According to the learned advocates affidavit, he had been waiting in Court for some time for the petitions to come on for hearing but had gone to another Court in the interval under the impression that his petitions would not be called on for some little time the preceding causes were disposed of rather more quickly than he anticipated, with the result that he was not present when the petitions were called on for hearing. These facts are not in dispute, and the only question which arises for decision is whether the Court has jurisdiction to restore to the file these revision petitions which have been dismissed for default of appearance.

3. In Subbamma v. Venkatareddi AIR1943Mad260(1) , I followe


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