1926 (2) TMI 1

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..... t be taken to have been under Order 9, namely, a dismissal for default on which an application for restoration could be made. There has been no argument on the merits before me and I therefore adopt the finding of both the Lower Courts that the plaintiff in this case has been guilty of culpable negligence in not taking the steps necessary for the trial of his suit. Now much has been made of the fa .....

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..... me in Visvanatha Asari v. Sami Asari (1933) M.W.N. 803. It seems to me that in this view the question as to the appearance of the plaintiff is beside the mark. As pointed out by the learned authors of the Civil Procedure Code, Woodroffe and Matthew in their commentary on the section, the words "Notwithstanding such default" in the rule clearly imply that the Court is to proceed with the .....

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