which an application under Order IX Rule 4 CPC has been
rejected.
2. Petitioners are the plaintiffs in Title
Partition Suit ... suit was dismissed in default. Order IX Rule 4 CPC
provides that where a suit is dismissed under Rule 3,
where
delay in filing the application under Order XXXVII Rule 4 read with
Order IX Rule 13 CPC and the other ... filed under Order XXXVII Rule
4 read with Order IX Rule 13 and Section 151 of CPC filed on
behalf
2018, by which the application filed by
respondents no.1 to 4 under Order IX Rule 13 CPC has been allowed ... court while
considering the application filed by respondents no.1 to 4 under Order
IX Rule 13 CPC .
Heard learned counsel
petition of the petitioners under Order
21 Rule 99 of the Code of Civil Procedure , 1908 was held to be time
barred ... dismissal of the application under Order IX Rule 4 CPC on
11.08.2000. The suit in which the decree under execution
petition filed under Order IX Rule 4
of the Code of Civil Procedure .
2. The genesis for the present proceeding is that ... appellant filed
proceeding under Order IX Rule 4 of Code of Civil Procedure
in Misc.No.258/2012, which is dismissed
BELAGAVI, REJECTING THE PETITION FILED UNDER
ORDER IX RULE 4 OF C.P.C .
THIS CIVIL REVISION PETITION COMING ON FOR
ORDERS THIS ... filed before the Trial Court under Order IX Rule 4
of CPC to restore the suit, but the Trial Court
under Section 151 C.P.C. petition under
Order IX Rule 4 should have been filed.
Mr. Shiv Shankar Sharma, learned counsel ... suit instead of filing petition under Order
IX Rule 4 C.P.C.
Perused the ordersheet. It is admitted fact that suit was
posted
Present application has been filed under Section 151 of Code of Civil
Procedure allegedly for restoration of the present suit on the ground ... 8605/2018 under Order IX Rule 4 CPC
for restoration of the suit was dismissed on account of non-prosecution
petitioners I.A. filed under order IX
rule 4 CPC in O.S.No.1004/2004 on the file ... principal
senior civil judge, Bangalore Rural District (Annexure-A) and
etc.
This Writ Petition coming on for Orders this day, the
Court made
Petitioners : Mr. Ajit Kumar, Advocate
For the Respondents : ---
---
4/ 23.10.2018 The petitioners are aggrieved of order dated
18.07.2017 passed in Misc. Case ... which
application under Order-IX Rule 4 CPC has been allowed and
consequently Title Suit No.22 of 2015 has been
