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
APPEAL IS FILED UNDER ORDER
XLIII RULE 1 (t) OF THE CODE OF CIVIL PROCEDURE, AGAINST THE
JUDGMENT AND AWARD DATED 25.02.2013 PASSED ... consideration:
:4:
"i) Whether the petitioners prove that,
the petition u/o 9 Rule 4 r/w 151
CPC praying
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
under order XXII Rule 4 IPC in which paper publication was ordered on 06-04-2005; due to failure of taking steps ... Civil Procedure Code for setting aside an order of dismissal for default an application filed under Order IX Rule 9 for restoration
petition of the petitioners under Order
21 Rule 99 of the Code of Civil Procedure , 1908 was held to be time
barred ... dismissal of the application under Order IX Rule 4 CPC on
11.08.2000. The suit in which the decree under execution
Procedure and fresh suit under Order IX Rule 4
of the Code of Civil Procedure ought to be filed subject ... such, under Order IX Rule 4 of the Code of Civil Procedure fresh suit is
permissible in case of dismissal of suit under
order in as much as such an order is neither covered by Appeal provisions nor revisional jurisdiction of Civil Procedure Code ... District Judge, Srinagar against the self same order of dismissal ordered under Order IX Rule 3, when such an Appeal had been
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
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
Order IX and by this reckoning, procedure prescribed for suits are applicable. He further urged that provisions contained in Order XXII, Rule 4 ... XXII Rules 3 and 4 and prescribed procedure is not applicable to such miscellaneous proceedings :
"It is significant, while under Rule
