1. The dismissal is apparently made under or 21 rule 2 of cpc.

2. However even if you have filed the restoration petition under or 9 rule 4 cpc which is not applicable here. the technicality can be corrected and the court may treat your application to be filed under 21 rule 106 of cpc.

3. There is no point in challenging his order as the same would be devoid of merit. rather apply the court to treat your present restoration petition as petition under or 21 r 106 of cpc. This is permissible as the nomenclature does not define the petition but the prayer sought for makes it.

Dismissal has been done under provisions of order 9 rule 3

2) your application for restoration is correctly filed

3) the case of Bholu v. Ram Lai (1921) I.L.R. 5 Lah. 66 it was held that (p. 67) " if the Court has an inherent power to pass an order of dismissal, there is absolutely no reason why it should not possess a similar power to set aside the dismissal if the ends of justice render it necessary to do

4) you should succeed in setting aside order of dismissal

You should show the sufficient cause which prevented you from not taking the steps for the same. If the same is appreciated by Court then you can get a second chance. It can be restored but opposite party will have full opportunity to oppose your restoration application

Your application under ORDER 9 RULE4 OF CPC is rightly filed before the court,as the darkhast was dismissed for default as the parties were absent before the date. As per the provision of OEDER 9 RULE 4 OF CPC applicant may bring fresh suit or court may restore the application. In your case ,you will not file fresh application for execution as it is beyond the period of 12 years.

UNDER ORDER 21 RULE 105 CPC, provides that an application is pending before the court under any foregoing rules and the court may fix the date for the hearing of the application and the applicant does not appear, it enables the court to pass appropriate orders for dismissal of such an application under O.21 R.105(2) CPC. But in your case the court has not filed any fix date for hearing of the application. Court has dismissed the application only because the parties were absent before the court and effective steps is taken by the party. Therefore your application under ORDER 9 RULE 4 OF CPC is maintainable under the law. A Revision can lie against the order passed under O.9 R.4 of CPC. If the order is passed under O.21 R.105 then an appeal can lie under O.43 R.1 CPC.

Dear Client,

Order 9 governs the suit whereas execution deals under Order 21.

Dismissed for default acted by court u/o 21 R 1&2, Set aside will under rule 106 CPC.

All orders passed r/w sec 151.

No, filed under wrong provision.

No success, court rightly dismissed by given reasoned order.

The answer to your question's part Ist is C. The power of recalling its order invest with the court and there is no question if your grounds for restoration are found satisfactory.