THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A. No.1444 of 2001 JUDGMENT: The appellants filed O.S.No.275 of 1992 on the file of the Senior Civil Judge, Madanapalle against the respondents for the relief of partition and separate possession of the suit schedule properties. After a Court of the Senior Civil Judge was established at Punganur, the suit was transferred to that Court and renumbered as O.S.No.77 of 1999. The suit was dismissed for default on 17.10.2000. The petitioners filed I.A.No.280 of 2000 under Order 9 Rule 9 C.P.C. with a prayer to set aside the order of dismissal, dated 17.10.2000. The trial Court dismissed the I.A., through order, dated 19.01.2001. Hence, this revision under Order 43 Rule 1 C.P.C. Heard Sri S.S.Bhatt, the learned counsel for the appellants and Sri S.V.Sundararajan, the learned counsel for the respondents. Either on account of the fact that the suit was transferred to a different Court or other similar reasons, the appellants were not able to pursue the matter with the required amount of rigor. The result is that the suit came to be dismissed for default on 17.10.2000. The appellants submitted an application under Order 9 Rule 9 C.P.C. The trial Court referred to the developments that have taken place from time to time, ever since the suit was transferred to it. It appears that on an earlier occasion, the suit was dismissed for default and was restored. This Court is of the view that independent of the reasons urged by the appellants, it is not at all in the interests of the parties to restore the suit. The prayer in the suit is for partition of the suit schedule properties. Over the past 17 years, several changes have occurred, be it as to survival of the parties or change of the extents in the suit schedule properties. The dismissal of the suit can be treated as the one under Rule 3 of Order 9 C.P.C., in which case, the same does not operate as res judicata or prevent the same relief being claimed in a separate suit. The appellants would be in a position to update the parties as well as the properties available, in case fresh suit is filed. Hence, the appeal is dismissed, leaving it open to the appellants to file a fresh suit for partition. The dismissal of O.S.No.77 of 1999 shall not be treated as a bar for such a suit. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:26.08.2009 kdl