- (1.)I have searched in vain through the provisions of the Civil Procedure Code to find out a provision which would support the order passed by the learned Principal Munsiff, Kozhikode-II while returning the application filed by the petitioner in O.S.No.731 of 1991. First of all when a suit is dismissed on the ground of non appearance of the plaintiff, no decree is contemplated to be drawn up. The decree as defined in S.2(2) of the Code will not include an order of dismissal for default. If at all there can only be an order which can be drawn up on the basis of the order passed by the learned Munsiff in the suit. As such insistence upon production of a decree copy cannot be sustained. Secondly, insistence upon production of a copy of the order of dismissal cannot also be justified since there is no specific provision making such production of copy of the dismissal order or a condition precedent for entertaining and disposing an application for setting aside the order of dismissal. Specific provisions have been made in the Code wherever such production of copy of the decree or order is necessary. In the circumstances, there is no justification for the orders passed in the application for setting aside the dismissal order filed by the petitioner in O.S.No.731 of 1991. Accordingly the O.P. is only to be allowed directing the learned Principal Munsiff to entertain the application for setting aside the dismissal order if the same is available in the office or on re-presentation of the same by the petitioner and to dispose of the same in accordance with law as early as possible. There will, therefore, be a direction to that effect. Petitioner is directed to produce a certified copy of this judgment before the first respondent for early action in the matter.
O. P. is disposed of with the above direction.

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