relevant to refer to Rule 3 of
Order IX of the Civil Procedure Code, as per which, where
neither party appears when ... suit be dismissed. As per
Rule 4 of Order IX of the Civil Procedure Code where a suit is
dismissed under Rule
under the
provision of Order VII Rule 11(a) of the Code of Civil Procedure , 1908 (in
short ' CPC ... applicable and not Order
IX Rule 4 of CPC and fresh suit is barred under Order IX Rule
filed under Order
IX Rule 4 of the Civil Procedure Code before Ld. District
Judge, Patna, which was admitted on 05.03.2021 after
condonation ... submits that
restoration application under Order IX Rule 4 of the Civil
Procedure Code, should have been filed before the same court
filed under Order 22 Rule IV read with Rule
IX of the CPC , expired on 28.12.2022. Since, the aforesaid
application ... mentioned in para3 of the
application(s), filed under Order 22 Rule IV, read with
Rule IX , returnable for 28.8.2023. Steps be taken
rates and other incidents of such tax by means of
rules or orders to be made under the law by any authority ... President being obtained
13
to the making of any such rule or order. The rates of Water Tax having
not received the previous consent
power of the Court.
5. Order XVII of the Code of Civil Procedure refers to adjournments. Rule 1 authorises the court ... modes prescribed under Order 9 of the Code of Civil Procedure . It is therefore clear that after this amendment in Order
while
construing the provisions of Order 9 and Order 20 of the Code of
Civil Procedure Code, 1908 (" CPC ... will be empowered to pass
necessary order under Order IX of the Code of Civil Procedure and the
suit may be taken
Suit No. 190 of 2006
whereby its application under Order IX Rule 13 read with Section 151
CPC was dismissed. Ancillary ... Reena Sadh v. Anjana
Enterprises .)
16. In order to determine the application under Order
9 Rule 13 CPC , the test
effect to appropriate recommendations to
ensure such amendments in the Code of Civil
Procedure , 1908, governing the adjudication of a
suit ... indefinitely.
27. This is anti-thesis to the scheme of Civil Procedure
Code, which stipulates that in civil suit, all
questions and issues that
application under Order 9
Rule 13 of the Code of Civil Procedure was filed one-and-a-
half years after the first respondent ... application under Order IX
Rule 13 of the Code of Civil Procedure was filed one and a
half year after the first respondent
