petitioners/plaintiffs under Order IX Rule 4 of the Code of Civil
Procedure , 1908 ( CPC ) for restoration of the suits ... default bars fresh suit". Both, Order IX Rule 4
and Order IX Rule 9 provide for restoration of the suit dismissed, whether
provisions of Order IX Rules 4, 8 and 9 of the Code of Civil Procedure (hereafter
the CPC ) and submitted ... except as provided by these Rules and subject thereto, the
provisions of the Code of Civil Procedure (Act V of 1908) in regard
record.
2. This petition under section 115 of the Code of Civil
Procedure, 2008 has been filed on behalf of the petitioner for setting ... 1993 though neither in
the Code of Civil Procedure nor in Civil Court Rules, there is any
provision to institute miscellaneous case
COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed under Section 115 of the Code
of Civil Procedure against the order ... civil revision petition.
Hence this civil revision petition.
3. I have heard the learned counsel for the parties and
perused the impugned order.
4
office. According to Order
IX Rule 4 of Code of Civil Procedure , the plaintiff has right to file a
fresh suit ... absent and the provision of Order IX Rule 4 of Code of Civil
Procedure is not applicable in the present case
During the proceedings, plaintiff expired and an application
under Order XXII Rule 3 CPC was moved and the said application ... moved by the plaintiffs under Order IX Rule 4 CPC and Order XLVII
read with section 151 CPC
certificate of qualification under sub-rule (4) and copies of such offer letter and acceptance letter under sub-rule (5) as long as necessary ... those regulation, and standard operating procedure along with the application under rule 34. Explanation. - "Regulation or standard operating procedures (SOP)' contains set of instruction
ORAL)
1. This first appeal under Order XLIII (1)(d) of the Code of
Civil Procedure , 1908 ( CPC ) is filed ... rightly treated the application under Order XXXVII Rule 4 CPC
instead of being under Order IX Rule 13 CPC
Order 9 or Rule 4 of Order 9 of the
Code of Civil Procedure . In the case of Ramesh v. Savita ,
reported ... made by the
husband under Order 9, Rule 4 of the Code of Civil
Procedure , the wife can initiate proceedings under Section
plaintiff
filed a Miscellaneous Petition under Order IX Rule 4 of
CPC in Misc. No.25091/2016 and trial court ... pass the following:
ORDER
(i) Writ petition is hereby allowed.
(ii) Order dated 10.02.2017 passed on
I.A.No.4
