The appearance of the CPC and the non-submission of the Civil Procedure Code Order IX, O IX, Rr 8 and 9 on the day it was not set for hearing, the date for the dismissal of this case not for the suit but for the arguments on the application. It was decided to hear what the trial court could do in the absence of the appellant (which was the basis for dismissal) for the provisional order subpoena filed by the appellant, dismissing his request for a temporary injunction But could not proceed and the trial could be dismissed. The order to dismiss the case was, thus, without jurisdiction and void. Such aspect of the case was neither felt by the first appellate court nor the orders of the High Court of all the courts set aside below. Gone, the matter will still be called pending. And disposed of in accordance with the law
