order dated 15.9.2014 also took the same view and held that since the Application under Order IX Rule 13 ... mistake by passing order dated 1.2.2016 and rightly directed the trial court to decide the application under Order IX Rule 13
ADVOCATE )
THIS MFA FILED UNDER ORDER 43 RULE 1 (C) OF THE CIVIL
PROCEDURE CODE, PLEASED TO ALLOW THE APPEAL BY SETTING
ASIDE ... application and consequently, petition
filed under Order IX Rule 4 CPC is also dismissed. Being
aggrieved, the appellant is before this
Case No. 05 of
2006 vide impugned order dated 10.02.2009, which cannot be
permitted in law.
4. Per contra, Mr. Rajeeva Sharma, the learned ... Final Decree
proceeding and, infact, the application under Order IX Rule 4 C.P.C .
was not maintainable.
7. Considering the aforesaid facts
application filed by the appellants under Order IX Rule 4
CPC for setting aside the order dated 13.1.2016 by virtue ... have gone through the application under Order 9
Rule 9 read with Order 41 Rule 19 CPC application under
Section
that against the impugned order passed by the appellate
court, an appeal would lie under Order XLIII Rule 1(t) CPC ... application dated 05.05.2009
was filed under order IX Rule 4 CPC , which was registered as
Misc. Case
appellant's application
under Order IX, Rule 4 & 7 CPC has been rejected.
The appellant filed a suit ... appellant filed application under Order IX, Rule 4 & 7
CPC , which was rejected by the trial court on 23.12.2011,
against
summary procedure is adopted and the procedures
adopted in ordinary suit is not applicable to the cases falling under
Order XXXVII CPC ... would entitle him leave to defend
the suit. In this respect, Rule 4 Order 37
is different from Rule 13 of Order
view of the provisions of Order
41, Rule 31 Code of Civil Procedure and such judgment and order would be
liable ... dealing with such an application under
Order IX, Rule 13 Code of Civil Procedure would be liberal and elastic
rather than narrow
CPC .
4. On the other hand, the learned counsel for the State
objected the prayer and submitted that the Court below ... this Article, substituted service under Rule XX Order 5 of the
Code of Civil Procedure shall not be deemed to be due service
passed on an application under Order IX
Rule 4 of the Code of Civil Procedure , 1908 (for short
' CPC ... file a fresh suit as is
provided under Rule 4 of Order IX of CPC . Since there
was no error committed
