nature
of Wilt of Mandamus by declaring the Rule 18 of A.P. Civil Pensions
(Commutation) Rules,1944 as illegal, arbitrary, ultra virus ... Mandamus, declaring
Rule 18 of the Andhra Pradesh Civil Pensions (Commutation) Rules,1944, as
illegal and arbitrary as the rule mandates the restoration of full
this court shall adjudicate
upon summary suit under Order XXXVII the Code of Civil
Procedure , 1908 (in short ' CPC ... CPC . Application in terms of O XXXVII rule
3(4) CPC was moved by plaintiff for issuance of summons
defendant despite opportunity and instead he moved an
application under Order VI rule 17 CPC seeking to amend his
written statement ... then revived on his application
under Order IX rule 4 CPC vide order dated 21.11.2014. The
application of the defendant
because the unsuccessful party has approached the civil court. An order made under Section 145 CrPC, deals only with the factum ... Rule 8 CPC provides procedure where defendants only appear. Order IX Rule 9 CPC provides decree against plaintiff
4, exchanging 4 Acres 17 guntas
of suit property for 29 Acres 4 guntas of various lands in
Siddapura village. Consequently, defendant no.4 ... were procedural in
nature and applied even to proceedings under Order IX and
appeal against such orders would be maintainable under Order
thereby confirmed the order
allowing an application filed by the State-Opposite Parties under
Order IX Rule 13 CPC ... application under Order IX Rule 13 CPC .
4. Mr. Mishra, learned AGA vehemently objects to such
submission. It is contended that
made subject matter of proceedings under Order 9 Rule 13 Code of Civil Procedure , 1908 and further that such application filed ... Rule 13 CPC .
4. Once, learned counsel for the appellant now states that the order dated 12.10.2023 did not survive
petitioner.
Objections / Written Statement:
4. No objection / written statement has been filed by
respondent.
5. Vide order dated 06.04.2013, the matter was dismissed ... behalf of
applicant under Order IX Rule 4 CPC r/w Section 151 CPC for
restoration of petition. Vide order
matter of an appeal under Section 100 of the Code of Civil Procedure, 1908)
Madhusudan Sahu (since dead) & .... Appellants
Others
-versus-
State ... filing a Civil Revision vide Civil Revision No.95 of 1996
before the Hon'ble High Court of Orissa.
In that Civil Revision
2023 under
Order XXXIX Rules 1 and 2 of the Code of Civil Procedure , 1908
( CPC ), seeking an interlocutory injunction ... therefore, to ensure that this order conforms to
the discipline of Order XXXIX of the CPC .
Rival Contentions
