application under Order IX Rule 4
for restoration of the suit. The said application under
Order IX Rule 4 of the C.P.C . came ... C.P.C . or Order IX Rule 13 of the C.P.C . are made appealable,
but order passed under Order IX Rule 4
Order IX and
the law discussed hereinabove, it can be safely concluded that in
case of dismissal of suit under Order IX Rule 4 CPC ... above discussion, it is
crystal clear that in Rule 4 under Order IX CPC in cases where none of the
parties are present
considered whether during the pendency of an application under Order IX Rule 4 of C.P.C . for restoring the divorce petition, which was dismissed ... that even during pendency of an application under Order IX Rule 4 of C.P.C . for restoring the divorce petition which was dismissed
application filed under
Order IX Rule 13 and/or Order IX Rule 9 and/or Order IX
Rule 4 of the CPC , having ... application is
filed under Order IX Rule 4, Order IX Rule 9, or Order IX
Rule 13 of the CPC , as the case
petitioner under
Order XXXVII Rule 4 read with Order IX Rule 13 of the Code of
Civil Procedure , 1908 (' CPC ... Rule 4 of Order XXXVII of the CPC is different
from Rule 13 of Order IX of the CPC , which provides
plaintiff to file fresh suit.
52. Further, rule 4 of Order IX of CPC specifically says that
where a suit is dismissed under ... right to file fresh suit as provided in rule 4 of order IX of the
CPC .
53. Moreover, having regard to the facts
Urban Infrastructure Real Estate Fund vs Neelkanth Realty Private Limited on 15 September, 2025
2025
Page No.# 1/134 vs The State Of Assam And Anr. A on 20 June
Page No.# 1/134 vs The State Of Assam And Anr. A on 20 June
Page No.# 1/134 vs The State Of Assam And Anr. A on 20 June
