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
basic difference between the two provisions i.e. Rule
4 and Rule 9 of Order IX CPC is that ... bare reading of the aforesaid two provisions i.e.
Rule 4 and Rule 9 of Order IX of the
need for the legislature to enact rule 9, Order 9, Civil Procedure Code which in specific term say that where a suit ... Rule 4 - Plaintiffs may bring fresh suit or Court may restore suit to file - Where a suit is dismissed under rule 2 or rule
APPEAL IS FILED UNDER ORDER
XLIII RULE 1 (t) OF THE CODE OF CIVIL PROCEDURE, AGAINST THE
JUDGMENT AND AWARD DATED 25.02.2013 PASSED ... consideration:
:4:
"i) Whether the petitioners prove that,
the petition u/o 9 Rule 4 r/w 151
CPC praying
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
provisions of Section 115 CPC and the Civil Procedure Code can be squarely made applicable to the revisions filed under Section ... plaintiff is absent. There is a clear distinction between Rule 4 and Rule 9 of Order IX CPC . Because there
provisions of Order IX Rules 4, 8 and 9 of the Code of Civil Procedure (hereafter
the CPC ) and submitted ... except as provided by these Rules and subject thereto, the
provisions of the Code of Civil Procedure (Act V of 1908) in regard
judgment/order dated 08.09.2022.
2. The present appeal filed under Section 96 of the Civil Procedure
Court, 1908 (' CPC ... years) filed an
application under Order IX Rule 4 CPC before the Trial Court for recalling
of the order dated
above discussion, it is
crystal clear that in Rule 4 under Order IX CPC in cases where none of the
parties ... event there is no bar even in the Code of Civil Procedure
to prefer a second execution case. However, it has to be before
suit in terms of the
provision of the Code of Civil Procedure , 1908. It has been
specifically mentioned by the defendant No.4 ... plea. A bare reading of Order 6 Rule 17
of the Code of Civil Procedure shows that amendment is of a plea
