CRP 439/2010 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr J Ahmed, learned counsel for the petitioner and Mr A Mubarak, learned c ounsel for the respondents. The petitioner, by the present petition has challenged the order dated 8 April 2010 passed by the learned Munsiff No.1, Mangaldoi in Misc(J) Case No.50/ 2009 rejecting the prayer for condonation of delay in filing an application unde r Order 9 Rule 9 of CPC, whereby and where-under a prayer was made by the petiti oner for restoration of the suit which was dismissed for default, consequently t he application filed under Order 9 Rule 9 of CPC was rejected. The order, rejecting the application under Order 9 Rule 9 of CPC is appe alable under Order 43 Rule 1(c) of CPC, the suit being for declaration of right, title and interest, In view of above, the present petition is not entertained. The petitione r, however, may file an appeal before the appellate forum challenging the order by which his application under Order 9 Rule 9 of CPC had been rejected, conseque nt upon the rejection of the prayer for condonation of delay. In the event such appeal is filed, the same would definitely be considered by the learned Court be low, keeping in view the fact that the petitioner filed this revision petition o n 26 July 2010 together with an application for condonation of delay, which has been pending for disposal since then. This Court, vide order dated 2 November 20 11 passed in MC 2351/2010 also condoned the delay in filing the restoration peti tion. In view of above, the revision petition is disposed of with the above ob servation. No costs.