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
ORDER
This Writ Petition is filed challenging the order passed
by the trial Court dismissing the application filed under
Order IX Rule ... order:-
(i) Writ Petition is allowed.
(ii) The impugned order passed by the trial Court
dismissing the application under Order IX Rule
judicata.
Rule 41 of the Workmen Compensation Rules 1924 framed under the Act provides that certain provisions of the Code of Civil Procedure namely ... shall apply to proceedings before the Commissioner.
Order IX Rule 4 C.P.C . provides that where a suit is dismissed under Rule
then filed an application under Order
IX Rule 4 of the Code of Civil Procedure which was registered as
Miscellaneous Case ... application. Although an application under Order IX Rule 4 of the
Code of Civil Procedure is not maintainable because of the fact
that
applicants are correct. No notice is necessary
under Order IX Rule 4 C.P.C . to the non-applicants/respondents
for the simple reason ... considered the present application under
Order IX Rule 4 and also under 151 of C.P.C . and set-aside the
4
application under Order IX Rule
4 CPC having been filed in this behalf the suit was restored on 18.07.2001. The
defendant ... 4. An application under Order XXXVII Rule 4 CPC then was filed by
the defendant which was allowed on 23.07.2002 with
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 ... appear
before Court hence his application U/O IX Rule 4 CPC was
Suit no. 255/14 4 / 10
dismissed vide order
mine shall decide the application u/o IX rule 4 CPC dt.
29.10.2013 filed on behalf of the plaintiffs ... present application has been filed under Order
IX rule 4 CPC which is not applicable as the dismissal of the suit
Kamalam ... Petitioner
Vs.
Rajamani ... Respondent
Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside fair and final ... date of hearing, the suit may be dismissed. Rule 4 of Order IX CPC deals with the restoration of the suit
occurring in sub-rule[4] of Rule 34 of the Rules,
noticed that the application to recall the order dated
26.9.2012 was filed much ... Rule 34[4] of the Andhra Pradesh Minimum Wages
Rules, 1960, pari materia with that of Sub-rule [4] of
Rule 34 of the Rules
