Order dismissing a suit for non­prosecution and the order would not amount to decree and the aggrieved party could apply U/s 151 CPC for recalling the order

Piaro Devi Vs. Anant Ram & Anr." 

AIR 2008 Himachal Pradesh 107 

where it was held that provisions of Section 35B CPC are directory and not mandatory and the court may not stop further prosecution of the case by plaintiff for non­payment of costs. It was also held that such an order is essentially an order dismissing a suit for non­prosecution and the order would not amount to decree and the aggrieved party could apply U/s 151 CPC for recalling the order though the provisions of Order 9 Rule 9 CPC would not be applicable