1751/2020 (under Order XXXIX Rule 1 and 2 CPC )
I.A. 4098/2020 (under Order XXXIX Rule 4 CPC -by defendant ... file application under Order XXXIX Rule 2A
CPC , the application of defendant No.1 under Order XXXIX Rule 4 CPC be
dismissed. Reliance is placed
second proviso of Order XXXIX Rule 4 of the Code of Civil Procedure . In application under Order XXXIX Rule 4 proviso the Court ... that power under Order XXXIX Rule 4 proviso on the basis of change in circumstances and Order XXXIX Rule 4 proviso application
under Order XXXIX Rule 4 CPC was dismissed. The appeal filed
by the Respondents against the order in application under Order 6 Rule ... whereas the appeal of the Appellants against the order in application
under Order XXXIX Rule 4 CPC was dismissed by the learned Single Judge
under Order XXXIX, Rules 1 and 2 of the Code of
Civil Procedure be dismissed and the application filed under Order
XXXIX, Rule 4 ... order XXXIX, Rule 3 of the Civil
Procedure Code on 25.10.2021. Thereafter, on 29.10.2021,
respondent filed an application under Order XXXIX, Rule 4
Sarin
Bench: Manmohan Sarin
ORDER
Manmohan Sarin, J.
1. By this judgment I.A. 9362/2002 under Order XXXIX, Rule 4 read with Section ... fraudulent order obtained with willful misrepresentations and concealments set aside, In those circumstances, Mr. Sawhney submitted that the application under Order XXXIX. Rule 4
Order XXXIX Rules 1 and 2 CPC , and the
consequence of which will be automatic disposal of the application under Order
XXXIX Rule 4 ... Order XXXIX Rules 1 and 2 CPC , and
for allowing of application of these defendants no. 1, 2, 4 and 6 under Order
XXXIX Rule
inclined to set aside the impugned order
and remand the Order XXXIX Rule 4 application of the
respondent/defendant for de novo consideration, we would ... XXXIX Rule 4 of the
CPC . We, therefore, cannot only examine the correctness of the order
dated 2 May 2024 passed under Order XXXIX Rule
under Order XXXIX, Rules 1 and 2 of the Code of
Civil Procedure be dismissed and the application filed under Order
XXXIX, Rule 4 ... order XXXIX, Rule 3 of the Civil
Procedure Code on 25.10.2021. Thereafter, on 29.10.2021,
respondent filed an application under Order XXXIX, Rule 4
under Order XXXIX Rule 4.
If both objections to Order XXXIX Rule 1 and 2
as also application under Order XXXIX Rule 4
were ... cases,
where an order is passed under Order XXXIX
Rule 1 and 2, application under Order XXXIX
Rule 4 is not the remedy
under Order XXXIX Rule 4.
If both objections to Order XXXIX Rule 1 and 2
as also application under Order XXXIX Rule 4
were ... cases,
where an order is passed under Order XXXIX
Rule 1 and 2, application under Order XXXIX
Rule 4 is not the remedy
