Petition No.47/2007
under Order IX Rule 9 of the Code of Civil Procedure ,
1908 [for short ' CPC ... under Rules 2 or 3 of CPC ; Rule 2 of CPC provides for
dismissal when there
filed under the provision of Order IX
Rule 4 of the Civil Procedure Code and therefore, no
notice is required to be served ... application to be filed
under Order IX Rule 4 of the Civil Procedure Code, it
is not required to explain any delay
days in filing the application under Order IX Rule 4 CPC .
Issue notice.
Mr. Safaraz Khan accepts notice on behalf ... Present application has been filed under Order IX Rule 4 CPC for
restoration of the writ petition. The writ petition
Case No. 142/2016 filed under Order 9
Rule 4 CPC as well as the condonation application were dismissed together ... application under Order IX Rule 4 of the CPC . The impugned order dated 10.07.2017 shows
that both the applications
JACOB, ADVOCATE)
THIS CRP IS FILED UNDER SECTION 115 OF CODE OF
CIVIL PROCEDURE, AGAINST THE ORDER DATED 16.04.2016
PASSED IN MISC ... subsequent application
3
under Order IX Rule 4 of CPC , which is registered as a
miscellaneous case, is rejected
filing the certified copy of the order dated
18.03.2021 submits that Civil Suit No.12 of 2020 has
been dismissed for default. As such ... dated 18.03.2021, but submitted
that a petition under Order IX Rule 4 C.P.C . has been
filed
reveals that upon the application
under Order IX Rule 4 CPC moved on behalf of the plaintiff, the
aforesaid order ... Page No. 4/9
plaintiff was restored to its original number qua defendants no. 2 and
3 vide order dated 16.03.2016. However, despite service
claimant is entitled to
interest under Order XXI Rule 1(4), CPC .
(ix) Amount of interest to which the claimant ... entitled under Order XXI Rule 1(4), CPC .
(x) Amount of interest actually received by the
claimant under Order
provision of order IX of Rule 4 of the Code of Civil
Procedure , which does not contemplate service when a suit
has been ... filed by the wife under Order IX
Rule 4 of the Code of Civil Procedure for restoration along
with an application for condonation
light of the bar
under Order IX Rule 9 (1) of Code of Civil Procedure , 1908.
2.For the benefit of understanding ... light of the bar under Order IX Rule 9(1) of Code of Civil Procedure ,
1908.
4.It is relevant to note that
