JUDGMENT

1. This is an appeal against an order refusing to entertain an application under Order IX, Rule 9, of the Code of Civil Procedure. The facts are as follows. The suit was a suit to recover a large sum alleged to be due on foot of two mortgages. One of the pleas raised by the defendant was that the plaintiff had not obtained a Succession Certificate to collect the debts. There seems to have been unavoidable delay in obtaining the certificate for which the plaintiff was not responsible, and the Court after hearing witnesses had allowed the plaintiff time to obtain a certificate on a number of occasions. Finally the 17th of July 1914 was fixed. On that day neither the plaintiff nor the plaintiff's Pleaders appeared. The Court proceeded to decide the case on the merits. It found that the bond was duly executed, that the amount was due but that the Succession Certificate not having been obtained, the plaintiff was not entitled to succeed, The Court made a decree dismissing the suit with costs. The plaintiff then made an application under Order IX, Rule 9. The learned Subordinate Judge was of opinion that Order IX, Rule 9, did not apply and dismissed the application with costs. It