appealable orders under Order XLIII Rule 1 CPC . Equally, it merits notice
that Order XLIII Rule 1(c) CPC , which ... defendant under Order IX Rule 3 & 2
respectivly. Significantly, an order on an application under Order IX Rule 4
CPC
condonation of delay was filed by
the plaintiff under order IX Rule 4 CPC read with section 5 of the
Limitation ... court, at no stage, can act
blindly or mechanically.
Neither Order IX Rule 4 CPC nor Section 5 of the
Limitation Act contains
Rule IX of Order 9 CPC it is manifestly clear
that if earlier instituted suit was dismissed under Rule 8 of Order ... petition was dismissed under Rule 8 of order 9
CPC and the bar of Rule IX Order 9 CPC is applicable
contending that
application under Order VI Rule 17 r/w Section 151 CPC seeking
declaration and recovery ... default under Order IX Rule 8 CPC on 07.09.2005
followed by miscellaneous application under Order IX Rule 4 CPC
for restoring
under Order VI rule 17 CPC seeking to amend his
written statement. Ultimately the case was dismissed in default
vide order dated ... plaintiff was then revived on his application
under Order IX rule 4 CPC vide order dated 21.11.2014. The
application of the defendant
dismissed in default on 27.06.2001. On an application under Order IX Rule
4 CPC having been filed in this behalf the suit ... documents by the
plaintiff, the suit was decreed on 04.02.2002.
4. An application under Order XXXVII Rule 4 CPC then was filed
application under Order XXXVII Rule 4 read with Order
IX Rule 13 CPC , the defendant was not required to show the
grounds which ... appellant is that in his application under Order XXXVII Rule
4 read with Order IX Rule 13 CPC , he was not required
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
petitioner.
Objections / Written Statement:
4. No objection / written statement has been filed by
respondent.
5. Vide order dated 06.04.2013, the matter was dismissed in
default ... filed on behalf of
applicant under Order IX Rule 4 CPC r/w Section 151 CPC for
restoration of petition. Vide order dated
under Order IX, Rule 13, CPC by
preferring an appeal under Order XLIII, Rule 1(d) read with Section 151 ,
CPC ... record, though preferred by the appellant under
Order IX, Rule 4 and 9, CPC (sic) the same being treated as one under
Order
