JUDGMENT

Daniels, J. - The plaintiff filed a suit against the defendant which was dismissed under Order IX, Rule 8, as on the date of,, hearing the defendant was present but the plaintiff was absent. An application was made under Order IX, Rule 9 to restore the case but was rejected. Against that order the plaintiff appealed to the District Judge. Both the original and the Appellate Court found that there was no sufficient cause for the plaintiff's absence on the date of hearing and that no case was made out for restoration. The learned Subordinate Judge who heard the appeal found, however, that the defendant in his pleadings had admitted the claim to the extent of Rs. 288. He, therefore, on the appeal before him passed a decree in favour of the plaintiff to the extent of Rs. 288.

2. The defendant in revision urges that the Appellate Court had no power to pass a decree in favour of the plaintiff on (sic) appeal from an order refusing to restore the suit. This plea is correct and must prevail. The powers of a Court to which an application for restoration is made are stated in Order IX, Rule 9. The Court may either dismiss the application if it finds that there was no sufficient cause