subject to law of limitation, thus, in order to invoke the provisions of Order IX Rule 4 CPC , the mandatory condition ... Rule 3 of Order IX CPC exists, as such the petitioners cannot take the aid and advantage of Order IX Rule 4 CPC
dismissal of the petition for restoration of suit under Order IX Rule 4 of the C.P.C . a fresh suit is maintainable?
ii) Whether ... rule unless notice of the application has been served on the opposite party.?
15. The plain reading of Order IX Rule 4 of the
learned Civil Judge (J.D.), District- Pilibhit to heard and decide the application dated 9.9.2024 filed under order IX rule 4 ... Civil Judge (Junior Division), Pilibhit to decide the temporary injunction application (6-C) as well as application filed under Order IX Rule 4 CPC
direction to the learned Civil Judge (Junior Division), Bahraich to decide the application filed under Order IX Rule 4 C.P.C . read with Section ... direction to the learned Civil Judge (Junior Division), Bahraich to decide the application filed under Order IX Rule 4 C.P.C . read with Section
aside the order dated 30.5.2015 passed on the Application Paper No.4 Ga under Order IX Rule 13 C.P.C and remanded the matter ... filing application under Order IX Rule 13 C.P.C . However, prior to filing of application under Order IX Rule 13 C.P.C ., neither
were not taken
within time. An application was filed under Order IX Rule 4 C.P.C . for
recall of the same on the ground ... impugned order dated 13.1.1995 cannot be
sustained and is hereby quashed. The delay in filing the application
under Order IX Rule 4
court to decide Misc. Case No.84 of 2017 under Order- IX, Rule- 4 C.P.C . within a specified time frame.
A perusal
considered whether during the pendency of an application under Order IX Rule 4 of C.P.C . for restoring the divorce petition, which was dismissed ... that even during pendency of an application under Order IX Rule 4 of C.P.C . for restoring the divorce petition which was dismissed
Civil Procedure namely those contained in Order IX of the C.P.C . shall apply to proceedings before the Commissioner.
Order IX Rule 4 ... order to set aside the dismissal. It means that the claimant respondent No.1 by virtue of Order IX Rule 4 C.P.C . read
order on 6.5.2000 setting aside the compromise decree dated 14.10.1998 on an application filed by opposite party No. 4 under Order IX Rule 13 ... sufficient under Sub Rule (1)(a) of Rule 20 of Order V of the Code of Civil Procedure . The court below after taking into consideration