order
dated 29.04.2011 passed in Misc. Case No.3 of 2006 by
which an application under Order IX Rule 4 CPC has been ... order-sheet on 04.07.2002 and
19.08.2002 that he has got no instructions, on 17.12.2002
the suit was dismissed in default. Order IX Rule 4 CPC
delay in filing the application under Order
XXXVII Rule 4 read with Order IX Rule 13 CPC . Accordingly, I
condone the delay ... coming to the application filed under Order
XXXVII Rule 4 read with Order IX Rule 13 CPC . The fundamental
ground taken
which the application filed by
respondents no.1 to 4 under Order IX Rule 13 CPC has been allowed
and an ex parte ... court by order dated 26/9/2018. Thereafter, respondents
no.1 to 4 also moved an application under Order IX Rule 13 CPC
Limitation Act, 1963. The executing court has
observed in the impugned order that the petitioners having admittedly
rushed to the property in question ... with the
dismissal of the application under Order IX Rule 4 CPC on
11.08.2000. The suit in which the decree under execution
impugned order has
dismissed the appellant's petition filed under Order IX Rule 4
of the Code of Civil Procedure .
2. The genesis ... after its restoration, the appellant filed
proceeding under Order IX Rule 4 of Code of Civil Procedure
in Misc.No.258/2012, which is dismissed
PETITION FILED UNDER
ORDER IX RULE 4 OF C.P.C .
THIS CIVIL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE ... also filed before the Trial Court under Order IX Rule 4
of CPC to restore the suit, but the Trial Court has
erroneously
instead of filing petition under Section 151 C.P.C. petition under
Order IX Rule 4 should have been filed.
Mr. Shiv Shankar Sharma, learned ... dismissal of the suit instead of filing petition under Order
IX Rule 4 C.P.C.
Perused the ordersheet. It is admitted fact that suit
three consecutive dates. The orders dated 29th November, 2017,
16th April, 2018 and 11th May, 2018 are reproduced hereinbelow:-
A. Order dated 29th November ... 12th October, 2018, I.A. 8605/2018 under Order IX Rule 4 CPC
for restoration of the suit was dismissed on account
JUSTICE ALOK ARADHE
WRIT PETITION NO.741 OF 2018 (GM- CPC )
BETWEEN:
1. SMT. BOORAGAMMA
D/O VENKATARAMANAPPA
AGED ABOUT 59 YEARS ... aside the order dtd:30-
11-2017 dismissing the petitioners I.A. filed under order IX
rule 4 CPC
order dated
18.07.2017 passed in Misc. Case No.17 of 2015 by which
application under Order-IX Rule 4 CPC has been allowed ... been restored to its
original file. Evidently, by this order the proceeding in the
miscellaneous case has been terminated.
Faced with the question on maintainability
