basic difference between the two provisions i.e. Rule
4 and Rule 9 of Order IX CPC is that ... bare reading of the aforesaid two provisions i.e.
Rule 4 and Rule 9 of Order IX of the
above discussion, it is
crystal clear that in Rule 4 under Order IX CPC in cases where none of the
parties ... event there is no bar even in the Code of Civil Procedure
to prefer a second execution case. However, it has to be before
made by the husband under Order 9, Rule 4 of the Code of Civil Procedure , the wife can initiate proceedings under section ... pendency of an application under Order 9, rule 4 of the Code of Civil Procedure . In the facts of this case, therefore
which dismissed the application under
Order IX Rule 13 of the Code of Civil Procedure , 1908 for setting
aside of the said ... under Order IX Rule 13 of the Civil Procedure Code,
1908 (hereinafter referred to as the " CPC "), after
XXXVII Rule 4 read with Order IX Rule 13 of the Code of
Civil Procedure , 1908 (' CPC ... suits filed under Order 37 CPC . Rule 7 of
Order 37 says that except as provided thereunder the procedure
accrued for the plaintiff to file fresh suit.
52. Further, rule 4 of Order IX of CPC specifically says that
where ... within
his right to file fresh suit as provided in rule 4 of order IX of the
CPC .
53. Moreover, having
examining whether the principles underlying
Order VII Rule 11 of the Code of Civil Procedure , 1908
(hereinafter, the “ CPC ”) could ... demurrer with an
application under Order VII Rule 11(d) of the Civil Procedure
Code and contends that even if an application
Assam Civil Service (Junior Grade) (ACS-JG for
brevity), whose service are governed under the Assam Civil Service Rules, 1998.
Similarly, 11 appellants were appointed ... rules. Therefore, all the cases ought
not to have been heard and decided by the learned Single Judge by a common
judgment and order
Assam Civil Service (Junior Grade) (ACS-JG for
brevity), whose service are governed under the Assam Civil Service Rules, 1998.
Similarly, 11 appellants were appointed ... rules. Therefore, all the cases ought
not to have been heard and decided by the learned Single Judge by a common
judgment and order
Assam Civil Service (Junior Grade) (ACS-JG for
brevity), whose service are governed under the Assam Civil Service Rules, 1998.
Similarly, 11 appellants were appointed ... rules. Therefore, all the cases ought
not to have been heard and decided by the learned Single Judge by a common
judgment and order
