GOVINDA MENON, J.:-

This is an appeal against an order refusing to set aside the dismissal of a suit for default. The suit which had been filed in the District Court of Tirunelveli had been transferred to the Sub Court and numbered as O.S. No.131 of 1951 on 5-10-1951. Naturally, the first hearing could be not far off. Therefore it was posted for trial to 10-1-1952. On that date, the plaintiff filed the documents, Exs. A-1 and A-2 and the case was still further adjourned for hearing to 24-1-1952. On that date the plaintiff did not appear and his counsel reported no instructions. The learned Judge dismissed the suit for default. An application was filed by the plaintiff to set aside the dismissal for default, under O.9, R.9, Civil P.C, and that application which had been dismissed on the ground that it is not maintainable, has given rise to this appeal.

2. The learned Judge after quoting from the decisions in - Pichamma v. Sriramulu, AIR 1918 Mad 143 (2) (FB) (A); - Arunachallam Chettiar v. Sivalingam Chettiar, AIR 1927 Mad 799 (B) and - Govindarajulu Naidu v. Imperial Bank of India, Vellore, AIR 1935 Mad 210 (C), came to the conclusion that the provision of law applicable to