CRP 328/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. D.C.K. Hazarika, learned counsel for the petitioner. The petitioner, who was the plaintiff in Title Suit No.88/2007, by the present a pplication is challenging the orders dated 9th April, 2010; 15th June, 2010; 29t h June, 2010 and 8th July, 2010, the suit of the plaintiff has been dismissed fo r default. When the suit itself has been dismissed for default there is no necessity to goi ng into the legality or validity of the earlier orders passed in the said procee ding. Since the suit has been dismissed for default vide order dated 8th July, 2010, the petitioner ought to have file an application under Order 9 Rule 9 CPC for setting aside the order, by raising all the points, as has been raised in th e present petition. The said recourse has not been taken by the petitioner as y et. In view of the above, the present revision petition is disposed of with the obse rvation that the petitioner may file the application under Order 9 Rule 9 CPC to gether with the application seeking condonation of delay and in the event of fil ing the same, the same shall definitely be considered by the learned Court below after issuing fresh notices to the defendants. The revision petition stands disposed of. No costs.