petition itself which was filed under Order IX, Rule 4 C.P.C . the court below was not justified in passing the order ... satisfy the court that the order of dismissal for default of an application filed under Order IX, Rule 9 or Rule 13 should
relevant to refer to Rule 3 of
Order IX of the Civil Procedure Code, as per which, where
neither party appears when ... suit be dismissed. As per
Rule 4 of Order IX of the Civil Procedure Code where a suit is
dismissed under Rule
record.
2. This petition under section 115 of the Code of Civil
Procedure, 2008 has been filed on behalf of the petitioner for setting ... 1993 though neither in
the Code of Civil Procedure nor in Civil Court Rules, there is any
provision to institute miscellaneous case
Procedure and fresh suit under Order IX Rule 4
of the Code of Civil Procedure ought to be filed subject ... such, under Order IX Rule 4 of the Code of Civil Procedure fresh suit is
permissible in case of dismissal of suit under
whereby the petition filed
under Order IX Rule 4 of the Code of Civil Procedure (for short
' CPC ... dismissed
without cost."
6. Order IX Rule 4 of the CPC provides that
where a suit is dismissed under Order
office. According to Order
IX Rule 4 of Code of Civil Procedure , the plaintiff has right to file a
fresh suit ... absent and the provision of Order IX Rule 4 of Code of Civil
Procedure is not applicable in the present case
IX, Rule 4 of the Code only where the suit has been dismissed either under Rule 2 or Rule 4. In the present ... power vested in under Order IX, Rule 4 of the Code of Civil Procedure . In that view of the matter, I find
case filed under Order IX Rule 13
CPC .
4. The learned counsel for the petitioner submits that the
petitioner had filed ... view of provision of Order 22
Rule 4 (iv) of Code of Civil Procedure , the petitioner did not implead
the heirs of Rabindra
Civil Procedure Order IX provides procedure for appearance and consequence of non-appearance of the parties in the suit. According to Order ... Code of Civil Procedure shall apply to Small Cause Court including the procedure under Order IX, Rule 13 for setting aside
service of summons under Order V, Rule 20 of the Code of Civil Procedure , as ordered to be taken on the substituted ... plaintiffs filed an application under Order IX, Rule 9 of the Code of Civil Procedure for restoration of the suit. The said application
