ORDER

Heard Mr.C.Prabhakaran, learned counsel for the petitioners.

2. Though I find force in the submissions of the learned counsel for the petitioners that the suit ought not to have been dismissed for non-prosecution without noticing that the suit is at the stage of trial and is posted for defendants' evidence, considering the fact that the petitioners have not approached this Court straight away at that point of time, had thought it fit to only move an application under Order IX Rule 9 of Civil Procedure Code , consequent to the dismissal of the application on merits, it is not open to the petitioner to now turn back and complain that the dismissal of the suit itself was improper and therefore, revision is maintainable.

3. The proper remedy is to prefer an appeal as against the order dismissing the application under Order IX Rule 9 of Civil Procedure Code . I therefore, uphold the objections of the Registry.

4. The Civil Revision Petition is rejected at the SR stage itself.

However, since the petitioner attempted to challenge the order of the trial Court in I.A.No.181 of 2019 before this Court by way of revision, the period of limitation for preferring the appeal may be suitably ex