basic difference between the two provisions i.e. Rule
4 and Rule 9 of Order IX CPC is that ... bare reading of the aforesaid two provisions i.e.
Rule 4 and Rule 9 of Order IX of the
recorded in the Court. Proviso to Sub-rule (2) of Rule 4 of Order XVIII clearly suggests that the court has to apply ... Sale of Goods Act, Negotiable Instruments Act, Indian Penal Code , Code of Civil Procedure , Code of Criminal Procedure etc., which
parte decree merges with the order of the
appellate court, a petition under Order 9 Rule 13 would not be
maintainable. When ... under Section 96(2) of the code after the dismissal of the application
under Order IX Rule 13 CPC
application on the
ground that it was filed under Order IX Rule 9 of the CPC whereas
it ought ... have been filed under Order IX Rule 4 of the CPC as the
suit was originally dismissed under Order
Central Civil
Services (Classification, Control and Appeal) Rules, 1965.
Rule 14 of the Railway Servants (Discipline and Appeal)
Rules 1968, and Rule ... Rule 19 of the Central Civil Services
(Classification, Control and Appeal) Rules, 1965, is
identical with Rule 14 of the Railway Servants (Discipline
and Appeal
recorded in the Court. Proviso to sub-rule
(2) of Rule 4 of Order XVIII clearly suggests that the court has to apply ... Sale of Goods Act,
Negotiable Instruments Act, Indian Penal Code ,
Code of Civil Procedure , Code of Criminal
Procedure etc., which
respondents No. 14 and 15 filed an application
under Order IX Rule 13 CPC for setting aside the ex-parte
decree ... order, the
appellants cannot seek for condonation of delay on the ground
that they were pursuing the other remedy under Order IX Rule
application under Order XXII Rule 4 of the Code of
Civil Procedure , 1908 (in short “ CPC ”) was filed ... Order XXIII Rule 1 (3) & 4 (b) of CPC . The said order of the trial
Court was set aside
application under Order IX Rule
13 read with Section 151 of the Code of Civil Procedure, 1908
(hereinafter referred to as the ‘ CPC ... exercise of the inherent powers under Section 151 CPC.
4. In Smt. Santosh Chopra v. Teja Singh
Code of Civil Procedure clearly
lays down that the Civil Court shall have jurisdiction to try all suits of a civil
nature excepting suits ... reports:
"Under Section 9 of the Code of Civil Procedure,
the courts shall have jurisdiction to try all suits of a
civil nature
