Judgment & Order
The present application has been filed under Section 115 of the Code of Civil
Procedure, 1908 challenging an order ... doubted.
10. The provisions of Order IX Rule 4 CPC is for providing the plaintiff to file
an application for setting
filed one petition, under Order IX Rule 4 of the
CPC , for restoration of the said suit by setting aside ... especially from the
petition under Order IX Rule 4 of the CPC that on the date, when the suit was
dismissed
suit, for an order to set aside the dismissal order and ifhe, in his application for setting aside the order of dismissal ... dismissal.
13. What clearly flows from Order IX Rule 4 CPC is that a suit, which is dismissed for default, either
have rejected the application filed under Order IX Rule 4 CPC
holding inter alia that the plaintiff as well ... accordingly,
dismissed the petition under Order IX Rule 4 of the Code.
The orders dated 12.10.2018 and 30.10.2018 have also been
enclosed
Case No. 142/2016 filed under Order 9
Rule 4 CPC as well as the condonation application were dismissed together ... application under Order IX Rule 4 of the CPC . The impugned order dated 10.07.2017 shows
that both the applications
COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 3417/2019
1:SRI SANKAR DAS
S/O SRI ABHAY CHANDRA ... applicant.
By this application under Order IX Rule 4 CPC , the applicant has prayed for restoring
RSA 200/2017 which
application under Order IX Rule 4 read with Section 151 of
the CPC for vacating the ex-parte order dated ... under Order IX Rule 4 of the Code. However,
the court had the power to vacate the order ex-parte upon good
petition no.
1177/2023 filed by the petitioner-plaintiff under Order VIII, Rule 10 CPC , and
Misc.(J) Case No. 1168 ... under Order IX, Rule 7 CPC .
4. By the impugned order, the learned trial Court, without hearing the
petitioner
COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2616/2024
SWAPNA DEORI
W/O LT. RAKESH DEORY, VILL-SRIPANI, AHOMGAON ... days in filing IA(C) under Order IX Rule 4 of
CPC in restoration of MAC Appeal No. 93/2023. This
Assam Civil Service (Junior Grade) (ACS-JG for
brevity), whose service are governed under the Assam Civil Service Rules, 1998.
Similarly, 11 appellants were appointed ... rules. Therefore, all the cases ought
not to have been heard and decided by the learned Single Judge by a common
judgment and order
