admission in terms of the mandate of Order VIII of the Code
of Civil Procedure , 1908 (for short " CPC ... reproduce Rule 232 of the Rules herein:
"232. The Code of Civil Procedure to apply in
certain cases:-
::: Downloaded on - 15/04/2017
behalf of the petitioner under Order IX Rule 4 CPC
for restoration of the suit which has been dismissed in default ... order dated 10.05.2011 dismissing the suit in default as well the order
dated 15.07.2014 dismissing the two applications under Order IX Rule
2008 rejecting the
application under Order IX Rule 4 CPC filed by the
plaintiff/applicant.
There is no dispute between ... Civil Revision No.65/2009
( Narayanrao vs. Raghunathrao (dead) through LRs. and another)
of this Court, the order passed under Order IX Rule
injured filed an application
under Order 9 Rule 4 of the Code of Civil
Procedure (for short " CPC ... reproduce Rule 232 of the Rules herein:
"232. The Code of Civil Procedure to apply in
.
certain cases:-
The following provisions
Procedure and fresh suit under Order IX Rule 4
of the Code of Civil Procedure ought to be filed subject ... such, under Order IX Rule 4 of the Code of Civil Procedure fresh suit is
permissible in case of dismissal of suit under
under wrong
provision, which is under Order IX Rule 4 CPC instead of under
Order XXI Rule 106 (3) CPC ... from the date of order of dismissal and not from
the date of knowledge of the order.
4 Admittedly present application
claimant is entitled to interest
under Order XXI Rule 1(4), CPC .
(ix) Amount of interest to which the claimant ... entitled
under Order XXI Rule 1(4), CPC .
(x) Amount of interest actually received by the claimant
under Order
with the request that an application under
Order IX Rule 13 CPC would be moved before the Arbitrator for setting
aside ... revive the said OMP in case the
application under Order IX Rule 13 CPC failed.
4. The appellant is aggrieved
order dated 27.04.2015 passed by the
learned Single Judge in IA No.7368/2014, which application was filed
under Order IX Rule ... several litigations, both civil and criminal, going on
between the appellant/plaintiff and his wife. The application under Order
IX Rule 9 CPC
itself dismissed for default and an application under
Rule 4 or 9 of Order IX is made for restoration of the
application, the period ... City Civil and Sessions Judge,
Bangalore City.
Order pronounced in the open Court
(vide separate order) with the
following operative portion.
ORDER
