Dismissal of Suit for non-filing of Proof Affidavit - only an Appeal would lie against such Order; Application filed by Plaintiffs under Order 9 for setting aside Order of Dismissal, held, not maintainable.

Citation

2015 (1) CTC 535 (Mad)

IN THE HIGH COURT OF MADRAS

R. SUBBIAH, J.

Application No.7620 of 2014 in C.S. No.121 of 2007.

P. Kumaran; P. Chakravarthy

Vs

V. Ramaswami; Sarojini Ramaswami; R. Geetha; R. Bhamini; R. Bhamini; Dr. Uma Ramaswami

January 13, 2015

Code of Civil Procedure, 1908 (5 of 1908), Order 9, Rule 7 & Order 17, Rule 3- Dismissal of Suit for non-filing of Proof Affidavit Application challenging Order of dismissal - Whether maintainable. Suit for Specific Performance dismissed by Single Judge on ground of non-filing of Proof Affidavit within time stipulated by Division Bench Suit not dismissed for default Order of dismissal, held, not falling within ambit of phrase 'deciding of Suit' as appearing in Order 17, Rule 3-In such circumstances, only an Appeal would lie against such Order; Application filed by Plaintiffs under Order 9 for setting aside Order of Dismissal, held, not maintainable.