filed under Order IX Rule 4 C.P.C . has been set aside.
3. It is submitted by Mr. Behera, learned counsel for the
Petitioners ... date, the
Page 1 of 4
// 2 //
suit was dismissed for default. An application under Order IX
Rule 4 C.P.C . was filed
Khulana Patra and others .... Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 14.12.2022
IA No.1298 of 2022
2. 1. This matter ... default. Accordingly, CMA No.13 of 2017 was filed under
Order IX Rule 4 CPC , which was allowed vide order dated 17th
March
whereby he rejected an
application filed under Order IX Rule 4 of C.P.C . read with
Section 5 of the Indian Limitation ... event, the Petitioner files a
fresh application under Order IX Rule 4 C.P.C . to recall/ set
aside the order dated 14th January
Order IX Rule 9 C.P.C . (CMA No.151 of 2014)
for restoration of the suit. The said petition was allowed vide
order dated ... Court for
fresh consideration of the petition under Order IX Rule 9 C.P.C.
4. Mr. Bose, learned counsel for the Petitioners further
submits
under Order IX Rule 13 CPC and by order dated 5th
Page 3 of 13
CMP No. 1423 of 2019
// 4 //
December ... about the ex parte decree. In order to succeed in a Petition under
Order IX Rule 13 CPC , the applicant has to show
Limitation Act, 1963 and
consequently dismissing an application under Order IX Rule
13 CPC .
3. Mr. Mohanty, learned counsel strenuously submits that ... dismissed the petition
under Order IX Rule 13 CPC . Assailing the same, the
Petitioner preferred FAO No.4 of 2019, which was also
Defendants have explained the delay in filing the petition
under Order IX Rule 13 CPC properly, but neither the learned
trial Court ... notice in the execution case to file a petition under Order IX
Rule 13 CPC .
4.1 Further, the allegation that the Defendants
binding on them. Reading out the
provision under Order IX Rule 13 C.P.C ., Mr. Mohanty,
learned counsel for the Petitioners submits that ... under Order IX Rule 13 C.P.C . Hence,
the impugned orders under Annexures-2 and 3 are liable to be
set aside.
4
aside the order dated 22nd June, 2007 passed in CMA No. 12 of
2004 under Order IX Rule 13 C.P.C.
4. Mr. Sahoo ... revision by setting aside the impugned order under Annexure-7
holding that the provision under Order IX Rule 13 C.P.C . is not
applicable
application in
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// 4 //
CMA No.126 of 2021 under Order IX rule 13 CPC has been
filed, which ... order of learned Civil Judge (Senior Division), Rourkela in CS
No.135 of 2008. Very recently an application under Order IX
Rule 13 CPC
