- (1.) The petition is directed against the order of the trial court dated 16th July, 1987 whereby the suit was dismissed in default under Order 9 Rule 2 Civil Procedure Code.
(2.) The plaintiffs filed the suit on 3rd May, 1986 for a declaration that they are in cultivating possession of the suit land. Since the defendants were not being served, the plaintiff were directed to deposit the P.F. as well as the requisite fee for issuing the advertisement. According to the learned counsel for the petitioner though the requisite fee of Rs. 150/- was deposited by him but the process fee could not be paid in time and therefore the suit was dismissed in default under Order 9 Rule 2 Civil Procedure Code by the impugned order.
(3.) The respondents have not been served in this Court either.;