Order
IX of the Code of Civil Procedure , Rule 4 specifically provides for two
remedies to the plaintiffs: (1) to file a fresh ... Code of Civil Procedure
for restoration of the application under Rule 4 of Order IX CPC . It
was contended that
under Order IX Rule 3 of the Code
2025:KER:73625
MACA No.1490/2010
..4..
of Civil Procedure (for short, " CPC ... when the order was passed, it
is an order under Order IX Rule 8 of CPC and not under
application in I.A.No.911/2009
under Order X Rule 4 C.P.C . for passing a judgment against
the plaintiff. After hearing ... there is a culmination by
a judgment under Order X Rule 4(2) C.P.C ., there is no
application of Order
suit under Order IX Rule 4 read with Section 151 of the Code of Civil Procedure. Defendant resisted the petition relying ... . Order IX, Rule 4 would apply only when suit is dismissed under Rule 2 or Rule 3 of Order IX
under clause (c) of Rule 1 of Order
XLIII of the Code of Civil Procedure .
3. It is submitted that the application ... Order IX of the Code of Civil
Procedure . Rule 4 of Order IX of the Code of Civil Procedure
does
invoke Section 151 and Order IX, Rule 4 of the Code of Civil Procedure seeking restoration of the suit at least on payment ... Court also held that Order IX, Rule 4 of the Code of Civil Procedure had no application since it was not a dismissal
Order IX Rule 13 but Order XXXVII Rule 4 C.P.C.
which was to be invoked by the petitioner.
ii) Eventhough Exts ... under the special circumstances envisaged by Order XXXVII
Rule 4 C.P.C . Even assuming that the two medical
prescriptions produced by him would
held that in view of Order IX
Rule 4 of CPC , the second application is maintainable. The Court
found that ... Section 141 of the Code of Civil Procedure, which says that the
procedure provided in the Code with regard to suits shall
file of the Court of the District Judge of Ernakulam.
4. Order IX Rule 13 C.P.C reads as follows ... passed ex
parte against a defendant for invoking Order IX Rule 13
C.P.C . Antony Poulose was not set ex parte either
that the plaintiff had quoted Order IX Rule 4
of the Code of Civil Procedure instead of Order IX Rule ... Code of Civil Procedure in the application for restoration should
not have weighed with the court below.
2. The plaintiff has a definite case
