under Order XLI Rule 19 CPC . For
reasons best known, they choose the course of invoking
jurisdiction under Order IX Rule 4 ... application filed was not under Order
XLI Rule 19 but it was filed under Order IX Rule 4
CPC
AIDE THE ORDER
DATED 8-10-2025 FILED UNDER ORDER IX RULE 4 READ WITH
SECTION 151 OF CODE OF CIVIL PROCEDURE ... such,
Order IX Rule 3 of CPC is applicable to the
case on hand. When Order IX Rule 3 of CPC
plaintiffs No.2 and 3
under Order IX Rule 4 read with Section 151 Code of
Civil Procedure, 1908 praying the Court to set aside ... order to set
aside the order of dismissal by making the subject
application under Order IX Rule 4 CPC . Therefore the
technical objection
2007 is
not under Order IX Rule 8 of CPC but under Order IX
Rule 4 of CPC . He emphasizes that ... Rule 4
of CPC can be invoked when a suit is dismissed either
under Rules 2 or 3 of CPC ; Rule
suit can be dismissed under Order IX Rule 8
of CPC . Under Order IX Rule 9 of CPC , there ... default under Order IX Rule 2 of CPC , the plaintiff can
file an application under Order IX Rule 4 of CPC
Addl. Senior Civil Judge,
Gadag, dismissing the petition filed under order IX, Rule - 4
of CPC .
CRP No.1016/2011
:2:
This petition ... Addl. Senior Civil
Judge, Gadag in Misc. No.21/2009
dismissing the petition filed under Order IX
Rule 4 of CPC
satisfaction that the parameters postulated under
Order 22 Rule 4(4) of the Code of Civil Procedure , stood
complied. The fact that the aforesaid satisfaction ... Rule 4(4) of the Code of Civil
Procedure ."
(Emphasis supplied)
The Apex Court holds that the application under Order XXII Rule 4
CPC
APPLICATION FILED UNDER
ORDER IX RULE 4 READ WITH SECTION 151 OF CODE OF CIVIL
PROCEDURE BY THE HONBLE I ADDL. SENIOR CIVIL JUDGE,
BANGALORE ... suit
under Order IX Rule 9 of CPC . However, the plaintiffs have
preferred an application under Order IX Rule 4 of CPC
petitioner herein filing the petition
under Order IX Rule 4 read with Section 151 of Code of
Civil Procedure seeking recall of the said order ... that the petitioner filed the present application
under Order IX Rule 4 of CPC seeking recall of the order,
the Tribunal found
Additional
City Civil Judge at Bangalore, by which the petition filed
under Order IX Rule 4 of CPC , is allowed ... interfere with the order of the
trial Court allowing the Miscellaneous Petition filed
under Order IX Rule 4 of CPC and restoration
