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
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
Code of Civil Procedure for restoration of Civil
Miscellaneous Petition No.512 of 2007 filed under Order XLI Rule
19 of the Code ... restoration of an application under
order IX, Rule 4 of the Code of Civil Procedure is not covered by
Article
itself dismissed for default and an application under
Rule 4 or 9 of Order IX is made for restoration of the
application, the period ... City Civil and Sessions Judge,
Bangalore City.
Order pronounced in the open Court
(vide separate order) with the
following operative portion.
ORDER
Jainco Industries & Ors. 1996 Civil
CC 423 in support of his contention that application under Order IX Rule
7 CPC ... true that unlike applications under Order IX Rule 13 of
Code of Civil Procedure , 1908, there was no article in Limitation
Act providing
Rule 13 but by Order xxxvii Rule 4 of the Code of Civil Procedure . It is true that in one sense the decree ... Code of Civil Procedure for the purpose of the Limitation Act . It was held :-- ''......if the Civil Procedure Code has understood
filing the application under Order IX Rule 7
of the Code of Civil Procedure . It was also held that the essence ... application under Order IX Rule 7 of the Code of Civil Procedure is not
one for setting side an act of the Court
limitation is
not prescribed under Order IX Rule 7 of Code of Civil Procedure .
http://www.judis.nic.in
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4. Relying ... that the application filed
under Order IX Rule 7 of Code of Civil Procedure is hit by limitation and
the Trial Court should
limitation is
not prescribed under Order IX Rule 7 of Code of Civil Procedure .
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4. Relying ... that the application filed
under Order IX Rule 7 of Code of Civil Procedure is hit by limitation and
the Trial Court should
