plaintiffs.
3. The petitioners filed an application under Order
IX Rule 13 CPC to set aside the ex parte decree. Later,
they challenged ... Order XLI
Rule 3A CPC that they filed a petition to set aside the ex
parte decree under Order IX Rule 13 CPC
Code of Civil Procedure to proceedings under the
Protection of Women from Domestic Violence Act, 2005 . Ext.P3
is an Order, which dismissed ... application under Order IX, Rule 9 of
C.P.C . Ext.P6 is the Order allowing Ext.P4 application.
Pertinently, Ext.P4
order,
which dismissed an application under Order IX,
Rule 4 of the Code of Civil Procedure , seeking
to set aside the dismissal of the suit ... relevant to
note that the petitioner had filed necessary
application under Order IX, Rule 4, within the
stipulated time limit. There is no history
order, in view of the
provisions under Section 11(2)(c) of the Act. Seeking an order to set
aside the ex parte order ... read with Order IX Rule 13 of the Code of
Civil Procedure , 1908, which was accompanied
Shivshankara (supra) deals with a remand under
Order XLI, Rule 23 of the Code of Civil
Procedure , whereas we are concerned herein with a
direction ... 2024 and I.A.No.4/2022.
Assuming for the argument sake that Annexure-IX
order passed in I.A.No.8/2024 is either
Code of Civil Procedure .
If construed as a dismissal for non-appearance, Order IX
Rule 9 of the Code of Civil Procedure bars a fresh ... claim, then a
fresh suit is barred under Order XXIII Rule 1(4) of the
Code of Civil Procedure . Therefore, viewed in any
manner
filed invoking the provisions under Order IX
Rule 13 of the Code of Civil Procedure , 1908, to set aside the
preliminary decree passed in that ... invoking the
provisions under Order I Rule 10 of the Code to implead them
under Order
IX Rule 13 of the Code of Civil Procedure , for setting aside the above
ex parte decree, was dismissed by the learned ... application under Order IX Rule 13 of the Code of Civil
Procedure , is not maintainable. It is the above order of the learned
Sub Judge
provisions under
Order XLIII Rule 1(d) of the Code of Civil Procedure , 1903
seeking an order to set aside the order dated ... Order IX, Rule 13 of the Code of Civil Procedure
provides for setting aside of ex parte decree against defendant.
As per sub-rule
ASWINA, 1946
OP (MAC) NO. 83 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 23.08.2024 IN OPMV
NO.1845 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ... petitioner under
Order IX Rule 13 of the Code of Civil Procedure , 1908 (for short 'the
Code') to set aside the ex parte
