IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 OP(C).No. 1882 of 2011(O) ------------------------- OS.76/2006 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONER: -------------------- V.CHANDRA SENAN, AGED 52 S/O.VISWANATHAN, R/A.CHANDRAGIRI, PUNNAKKOOTTAM, VAKKOM VILLAGE, CHIRAYANINKIL TALUK, PIN-695308 BY ADV. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENT(S): --------------- N.LALJI, AGED 56 S/O.NARAYANAN,NISHA NIVAS, VAKKOM P.O., VAKKOM VILLAGE, CHIRAYINKIL TALUK, PIN-695308 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1882 of 2011(O) PETITIONER'S EXTS: EXT.P1: COPY OF PLAINT IN OS NO.76/2006 EXT.P2: COPY OF WRITTEN STATEMENT FILED BY RESPONDENT IN OS NO.76/2006 EXT.P3: COPY OF RESTORATION PETITION VIDE IA NO.1341/2010 IN EXT.P1 EXT.P4: COPY OF PETITION TO CONDONE DELAY VIDE IA NO.1340/2010 EXT.P5: COPY OF ORDER DTD.19.3.2011 IN IA NO.1340/2010 EXT.P6: COPY OF ORDER DTD.19.3.2011 IN IA NO.1341/2010 RESPONDENT'S EXTS: NIL /TRUE COPY/ PA TO JUDGE K.T.SANKARAN, J. --------------------------------- O.P(C)No.1882 OF 2011 --------------------------------- Dated this the 15th day of June, 2011 JUDGMENT Ext.P5 is an order by which the application for condonation of delay in filing the application for restoration of the suit was dismissed. Consequently, Ext.P6 order was passed dismissing the application for restoration of the suit. 2. The suit was dismissed for default. If so, the application for restoration should be filed under Order IX Rule 9 of the Code of Civil Procedure. Dismissal of the application under Order IX Rule 9 of the the Code of Civil Procedure is appealable under Order 43 Rule 1(c) of the Code of Civil Procedure. Since an appeal is maintainable, the Original Petition is not maintainable. Accordingly, the Original Petition is dismissed with liberty to the petitioner to file appeal against the order impugned. K.T.SANKARAN, JUDGE. cms