FILED
U/O 7 RULE 11(a) OF THE CIVIL PROCEDURE CODE BY
ALLOWING THIS REVISION PETITION WITH COST
THROUGHOUT.
THIS PETITION COMING ... Code of Civil
Procedure reads as follows:
3. Compromise of Suit.- Where it is
proved to the satisfaction of the Court that
a suit
filed an
application under Order IX, Rule 13 of
Code of Civil Procedure for setting
aside of the decree and restore the
suit ... behalf of the petitioner, provisions of Order IX Rule 13 Code of Civil Procedure and Section 128 Contract Act may be noted which
application under Order XIV Rule 5(1) and (2) read with Section
151 Code of Civil Procedure, 1908 (hereinafter referred to as CPC ... defendant 4 and 5 to 8.
8. Defendant No.4 has asserted that Clause 6(h) is not part of the Order
dated 04th
dismissed under
Order IX Rule 9 of the Code of Civil Procedure and the sale
executed in favour of the respondents ... suit is not hit by Order IX Rule 9 of the
Code of Civil Procedure ?
(ii) Whether the General Power of Attorney holder
parte final arguments.
4. It is pertinent to mention here that the present suit was dismissed
in default vide Order dated ... allowing the application u/O IX Rule 4 of
CPC r/w Section 151 of CPC filed on behalf of plaintiff
Decree holder on 27.10.2007
under Order XXI Rule 11 of the Code of Civil Procedure (‘ CPC ’ hereinafter).
It transpired that ... regard that Rule 103 ordains that
where any application has been adjudicated upon under rule 98 or rule 100,
the order made thereon shall
plaint, the plaintiff also filed IA No. 11971/1996 under Order XXXIX Rule 1 & 2 CPC wherein exparte injunction order ... plaintiff, therefore, filed an application under Order XXII Rule 4 CPC for impleading her legal heirs as parties which was allowed
reference to clause (a) of order 7 Rule 11 Civil Procedure Code which contemplates rejection of a plaint where it does not disclose ... that is not a hard rule. Order 7 Rule 11 Civil Procedure Code contemplates the `grounds' for rejection of the plaint
4206/2019 (of the defendants under Order XXXIX Rule 4 CPC )
1. The plaintiff has sued defendant no.1 Paras Imports ... CPC .
4. The arguments on all the applications aforesaid were heard on 20th
March, 2019 and order reserved.
5. The defendants
Decree holder on 27.10.2007
under Order XXI Rule 11 of the Code of Civil Procedure (’ CPC ’ hereinafter).
It transpired that ... regard that Rule 103 ordains that
where any application has been adjudicated upon under rule 98 or rule 100,
the order made thereon shall
