The court found that the applicant's advocate failed to comply with the mandatory procedure under Order 9 Rule 9 of the Civil Procedure Rules, which requires leave of court to come on record after a judgment or dismissal, before filing an application to set aside such orders. The notice of appointment was filed after the dismissal, and there was no evidence that the advocate instructed to hold brief attended court or that the applicant's absence was excusable. The court held that the application was incompetent for failure to follow the prescribed procedure and could not be salvaged by arguments on the merits or by invoking judicial discretion. Consequently, the application to set aside the dismissal and reinstate the suit was struck out with costs to the 1st to 3rd respondents.