Code of Civil Procedure, 1908–Order 9, Rule 9–Partition suit–Dismissal due to default–Restoration by High Court–Appreciation of–In the suit for partition, every defendant is in the capacity of plaintiff and he would be entitled to decree in his favour–Suit could not have been withdrawn without notice to another brother who was also entitled for getting the share in the suit property–Held, suit was rightly restored by High Court.
