learned
Judge allowed an application under Order IX Rule 4, Civil Procedure
2
Code dated 30/1/2004 (hereafter the said application) filed ... rules in terms of Section 122 of the Code for considering
the desirability of effecting amendments in the Civil Rules and
Orders
jurisdiction to restore the suit under Order
IX Rule 4 C.P.C.
Learned counsel for the petitioners submitted that the defendants-petitioners
were ... below has restored the suit for hearing under Order IX Rule 4 C.P.C in
the interest of justice. He has passed
under clause (c) of Rule 1 of Order
XLIII of the Code of Civil Procedure .
3. It is submitted that the application ... Order IX of the Code of Civil
Procedure . Rule 4 of Order IX of the Code of Civil Procedure
does
petitioner filed an application under Order IX Rule 4 of the Civil Procedure Code
on May 4, 2010 and that application was converted ... Misc. Case under Order IX Rule 4 of the Civil Procedure code, it is expected
that the learned trial Judge should take liberal
application
moved by the petitioner under Order IX Rule 4 CPC for restoration of
the petition dismissed in default ... times.
2 In the application under Order IX Rule 4 CPC , it is
averred that on 19.08.2011, counsel of petitioner
shall decide upon an application under Order
IX Rule 4, Civil Procedure Code, 1098 filed by the counsel for the plaintiff
seeking restoration ... dispute. Therefore, in
view of Order III Rule 4, Civil Procedure Code, the power of attorney in favour
of the counsel has ceased
Rule 13 CPC .
4. Considering the facts and circumstances, the Court below, passed a conditional order, directing the petitioner herein ... 4) CTC 499, this Court (S.TAMILVANAN, J), has held that as per Section 148 Code of Civil Procedure (5 of 1908), the Court
Rule 13 read with Order XXXVII Rule 4 of
the Code of Civil Procedure for setting aside the eviction decree
dated ... barred under
order 7 Rule 11 CPC .‖
4. It is the case of the appellants that they are the legal heirs
Rule 13 read with Order XXXVII Rule 4 of
the Code of Civil Procedure for setting aside the eviction decree
dated ... barred under
order 7 Rule 11 CPC .‖
4. It is the case of the appellants that they are the legal heirs
allowed the application of
plaintiff under Order IX Rule 4 of CPC for restoration of Title Eviction
Suit ... which was dismissed as per provision contained
under Order IX Rule 3.
From perusal of impugned order I find that learned court
below
