Salar Beg Saheb vs Karumanchi Kotayya on 2 December, 1925
325 and Salar Beg Saheb v. Karumanchi Kotayya A.I.R. 1926 Mad. 654 that the provisions of Order 9, Rule 9, Civil Procedure Code, will apply to applications made under the same rule as well as to applications to set aside a dismissal of a suit. That however is not to say that the same section will avail to confer a right of appeal. It deals only with procedure, whereas a right of appeal is a substantive right. Under Section 104 of the Code such a right is enjoyed only in respect of orders specified in that Section or in Order 43, Rule 1.