Orders in interpleader-suits under rule 3, rule 4 or rule 6 of
Order XXXV;
(q) an order under rule 2, rule ... order under rule 1, rule 2 1 [rule 2A], rule 4 or rule 10
of Order XXXIX;
(s) an order under rule
this court shall adjudicate
upon summary suit under Order XXXVII the Code of Civil
Procedure , 1908 (in short ' CPC ... CPC . Application in terms of O XXXVII rule
3(4) CPC was moved by plaintiff for issuance of summons
petitioner moved an application under
Order IX Rule 4 CPC , which was also dismissed for non prosecution
on 04.08.2005. The petitioner ... also dismissed vide order
dated 04.08.2005, certified copy of said order is Ex.R-3.
39. Order IX Rule 9 CPC
followed by miscellaneous application under Order IX Rule 4 CPC
for restoring the suit to its original number and position which ... with liberty to file afresh
vide order dated 09.12.2009 and fresh application under Order VI
Rule 17 CPC dated
defendant despite opportunity and instead he moved an
application under Order VI rule 17 CPC seeking to amend his
written statement ... then revived on his application
under Order IX rule 4 CPC vide order dated 21.11.2014. The
application of the defendant
application under Order IX Rule
4 CPC having been filed in this behalf the suit was restored on 18.07.2001. The
defendant ... 4. An application under Order XXXVII Rule 4 CPC then was filed by
the defendant which was allowed on 23.07.2002 with
summary procedure is adopted and the procedures
adopted in ordinary suit is not applicable to the cases falling under
Order XXXVII CPC ... would entitle him leave to defend
the suit. In this respect, Rule 4 Order 37
is different from Rule 13 of Order
accrued for the plaintiff to file fresh suit.
52. Further, rule 4 of Order IX of CPC specifically says that
where ... within
his right to file fresh suit as provided in rule 4 of order IX of the
CPC .
53. Moreover, having
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 ... behalf of
applicant under Order IX Rule 4 CPC r/w Section 151 CPC for
restoration of petition. Vide order
present first appeal under Order XLI
read with Section 151 of the Code of Civil Procedure, 1908 ( CPC )
assailing ... Misc. No. 390/2017, under Order IX, Rule 4 and 9, CPC (sic)
seeking restoration of the appeal. On perusal
