order dismissing the suit U/s 35B CPC tantamounts to decree and application U/o 9 Rule 9 CPC for restoration of the suit is not maintainable and that appeal would lie against the order of dismissal.

"Syed Mujibur Rahman Vs. Abdul Azeez" 

AIR 2001 Karnataka 104 

where it was held that order dismissing the suit U/s 35B CPC tantamounts to decree and application U/o 9 Rule 9 CPC for restoration of the suit is not maintainable and that appeal would lie against the order of dismissal