AI Structured Summary
Not yet generated for this judgment
Judgment
We are unable to accept the contention of Mr. T.A. Anantha Aiyar for the appellant that because Order 9 of the CPC does not apply to
execution proceedings the lower Court had no power to dismiss for default the appellant''s application under Order 21, Rule 90 of the Civil
Procedure Code. All the cases in which it has been held that Order 9 of the CPC is not applicable to proceedings in execution have been either
cases in which applications have been dismissed for default or cases in which ex parte orders have been passed. The rulings have been that since
Order 9 was inapplicable, the applications could not be restored nor the ex parte orders set aside. Nobody has suggested till now that the
dismissal for default or passing of art ex parte order was without jurisdiction. We are prepared to hold that dismissal for default is well within the
inherent powers of the Court. It is in our opinion absurd to say that the Court must proceed to give a decision on the merits, when the applicant
fails to appear in support of his application.
This appeal is accordingly dismissed under Order 41, Rule 11 of the Code of Civil Procedure.