CRP 484/2006 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY The petitioner, who is the plaintiff in TS No.60/91, by the present petition is challenging the order dated 21st July, 2006 passed by learned Civil Judge(Sr Div ision) No.2, Kamrup, Guwahati, in Misc(J) Case No.47/2005, which was registered on basis of an application filed under Order 9 Rule 9 of the Code of Civil Proce dure. Heard Mr C Goswami, learned counsel for petitioner. The order rejecting the application filed under Order 9 Rule 9 of CPC for settin g aside the order of dismissal of the suit for default is appelable under Order 43 Rule 1(c) of the said Code. That being the position, the petitioner is required to prefer an appeal against the said order. Hence, the revision petition is dismissed. The petitioner may, h owever, prefer appeal before the appropriate forum challenging the order dated 2 1st July 2006 passed by the learned Civil Judge(Sr Division) No.2, Kamrup, Guwah ati, in Misc(J) Case No.47/ 2005, along with applications seeking condonation of delay, which shall be considered in accordance with law. The revision petition is accordingly dismissed with the above observatio n. No costs.