judgment/order dated 08.09.2022.
2. The present appeal filed under Section 96 of the Civil Procedure
Court, 1908 (' CPC ... years) filed an
application under Order IX Rule 4 CPC before the Trial Court for recalling
of the order dated
suit in terms of the
provision of the Code of Civil Procedure , 1908. It has been
specifically mentioned by the defendant No.4 ... plea. A bare reading of Order 6 Rule 17
of the Code of Civil Procedure shows that amendment is of a plea
1999, on 22.02.1999 under Order 9, Rule 4 of the Civil Procedure
Code (" CPC "). The court noted that ... Civil Procedure . Sub-rule (1) of
the said Rule provides for fixing a day for hearing of the application; whereas sub-
rule (2) thereof envisages
Respondent/Decree Holder under
Order XXII Rule 10 of the Code of Civil Procedure to bring on record
Invensys Deutschland GmbH in place ... 2008
filed under Order 22 Rule 10 of the Code of Civil Procedure for
EFA (OS) 36/2012 Page 3 of 16
restoration
compliance under Order XXI Rule 1(2) & 1(4) of the Code of Civil
Procedure . This Court also directed the Claims Tribunals ... compliance of Order XXI Rule 1(2) and (4) of the
Code of Civil Procedure within a period of two weeks.
The report
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
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
application under Order IX Rule 7 of the Code of Civil
Procedure , 1908 filed on behalf of the defendants ... true that unlike applications under
Order IX Rule 13 of Code of Civil
Procedure , 1908, there was no article in
Limitation Act providing
view of the provisions of Order
41, Rule 31 Code of Civil Procedure and such judgment and order would be
liable ... dealing with such an application under
Order IX, Rule 13 Code of Civil Procedure would be liberal and elastic
rather than narrow
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
