which dismissed the application under
Order IX Rule 13 of the Code of Civil Procedure , 1908 for setting
aside of the said ... under Order IX Rule 13 of the Civil Procedure Code,
1908 (hereinafter referred to as the " CPC "), after
SPECIAL CIVIL APPLICATION NO. 1736 of 2024
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION ... namely an
application under Order IX Rule 3 & 4 of the Code of Civil
Procedure , 1908, ( CPC ), for restoration
bare reading of the aforesaid two provisions i.e.
Rule 4 and Rule 9 of Order IX of the ... context in para (1) of
O. 11 r. 2 of the Civil Procedure Code, observed: `In
considering whether the cause of action
barred by the provisions of Order IX Rule 9 of the Code of Civil Procedure . Both these contention were negatived by the learned ... order passed under Order IX Rule 8 of the Code of Civil Procedure and that the appellant was therefore not entitled
provisions of
Order IX Rule 5, CPC .
4. The Court below noticed the facts and
observed thus,
"... ... ... Coming ... still however, they remain
procedural Rules. The procedure is hand made of
justice and at the altar of procedural Rules,
substantive rights of the parties
Procedure Code which do not deal with procedure will apply to suits and proceedings covered by the said Act.
5. Order IX Rule ... Full Bench has held that besides prescribing the procedure, the Civil Procedure Code confers diverse powers and jurisdictions on the Court. By reason
Rule 13 of the Code of Civil Procedure .
4. In this case, the order dismissing the suit was passed, on the 28th April ... fresh plaint under Order VII, Rule 13 of the Civil Procedure Code, as the court-fee had been deposited, and to proceed with
provisions
of Order IX Rule 13 and 4 of the Code of Civil Procedure , 1908.
4.2 Mr. Thackar, learned advocate, submitted that ... Code of Civil Procedure , without
reviewing the order, the order cannot be recalled and without
recalling the order, the proceedings cannot
Commercial Civil Suit No. 249 of 2016. It was a
Summary Suit under Order XXXVII of the Code of Civil
Procedure (hereinafter referred ... XXXVII Rule 7
providing a summary procedure is a self-contained Code. It
needs to be emphasized that an application under Rule 4
IX Rule 4 and Order IX Rule 9 of the
Code of Civil Procedure , 1908 and considering the averments
made ... IX Rule
4 and Order IX Rule 9 of the Code of Civil Procedure , 1908,
which are as under
