under Order XLI Rule 19 CPC . For
reasons best known, they choose the course of invoking
jurisdiction under Order IX Rule 4 ... application filed was not under Order
XLI Rule 19 but it was filed under Order IX Rule 4
CPC
ORDER
This Writ Petition is filed challenging the order passed
by the trial Court dismissing the application filed under
Order IX Rule 4 CPC ... CPC and Order IX Rule 9 CPC and,
therefore, the order cannot be sustained. Hence, I pass the
following order
Civil Procedure namely those contained in Order IX of the C.P.C . shall apply to proceedings before the Commissioner.
Order IX Rule 4 ... order to set aside the dismissal. It means that the claimant respondent No.1 by virtue of Order IX Rule 4 C.P.C . read
application under Order IX Rule 9 of the Code of Civil
Procedure , as it is admitted case that Order IX Rule 4 of the Code ... under Order IX Rule 9 of the Code of
Civil Procedure rather the court below has rejected the application
under Order IX Rule 4
applicants are correct. No notice is necessary
under Order IX Rule 4 C.P.C . to the non-applicants/respondents
for the simple reason that ... under
Order IX Rule 4 and also under 151 of C.P.C . and set-aside the
4 MCC 305/2014
order dated
dismissed in default on 27.06.2001. On an application under Order IX Rule
4 CPC having been filed in this behalf the suit ... documents by the
plaintiff, the suit was decreed on 04.02.2002.
4. An application under Order XXXVII Rule 4 CPC then was filed
Thereafter
plaintiff filed an application U/O IX Rule 4 CPC on 07.05.2004.
Vide order dated 16.10.2004, it came on record that defendant ... application U/O IX Rule 4 CPC was
Suit no. 255/14 4 / 10
dismissed vide order dated 13.04.2006. Thereafter plaintiff again
filed
SUDESH Vs. VINOD
ORDER
1. This order of mine shall decide the application u/o IX rule 4 CPC dt.
29.10.2013 filed ... noted that the present application has been filed under Order
IX rule 4 CPC which is not applicable as the dismissal
1395/2008 under Order IX Rule 7 CPC to set aside the order dated 03.12.2008 setting her ex-parte and to permit ... date of hearing, the suit may be dismissed. Rule 4 of Order IX CPC deals with the restoration of the suit dismissed
though
invoking Order IX Rule 13 CPC instead of Rule 34[4] of
the Rules to recall the order dated 26.9.2012. The
Authority ... IX Rule
20
W.P.12047/13
13 CPC as one under Rule 34[4] of the Rules and to
pass orders
