neither of
the party appears. Rule 4 provides that, where suit is dismissed
either under Rule 2 or Rule 3, the plaintiff may either bring ... CPC invoking civil jurisdiction
of first Appellate Court under the Code of Civil Procedure . After
dismissal of first appeal on account
civil suit, a criminal complaint bearing
No. 201T/108 dated 15.7.2005, under Sections 420 , 465 , 467 , 468 , 471 and
120B IPC, Police Station Civil ... story with false averments.
Provisions of Order IX Rule 4 CPC require that for restoration of a suit, the
plaintiff must
carried in Rules 3 and 4 of Order IX of the
Code of Civil Procedure , 1908, provisions whereof become extracted
hereinafter ... make an order that the suit be dismissed. However, Rule 4 of Order
IX CPC , permits the plaintiff, whose earlier
carried in Rules 3 and 4 of Order IX of the
Code of Civil Procedure , 1908, provisions whereof become extracted
hereinafter ... make an order that the suit be dismissed. However, Rule 4 of Order
IX CPC , permits the plaintiff, whose earlier
provides
the procedure to be followed by the plaintiff while instituting a suit under this
Order. Order XXXVII Rule 2(2) states that ... respect, per the
Supreme Court, Order XXXVII Rule 4 is different from Rule 13 of Order IX CPC
carried in Rules 3 and 4 of Order IX of the
Code of Civil Procedure , 1908, provisions whereof become extracted
hereinafter ... make an order that the suit be dismissed. However, Rule 4 of Order
IX CPC , permits the plaintiff, whose earlier
under Order IX Rule
4 C.P.C . seeking to set aside the order that dismissed the suit
for default. It is that ... shall be accepted as
correct. Rule 63 of the Andhra Pradesh Civil Rules of Practice
and Circular Orders, 1980 provide the mechanism when
filed under
Order IX Rule 4 CPC , which was allowed vide order dated 17th
March, 2022 with the following direction ... petition under Section
148 read with Section 151 CPC.
4. Taking into consideration the submission made by
learned counsel for the Petitioners
application filed by them under Order IX Rule 4
of the Code of Civil Procedure , 1908, (henceforth referred
to as " CPC ... plaintiffs filed an
application under Order IX Rule 4 of CPC seeking
permission to take steps against the legal representatives
present suit is not maintainable under Order XXIII
Rule 1(4) CPC and Order IX Rule 9 and Order ... only seen herein. Secondly, the orders
under the Code of Civil Procedure prescribe the procedure and no substantive
right can be taken away
