used in Order IX Rule 13 C.P.C . is different from the language used in Order XXXVII Rule 4 C.P.C . Therefore ... language in Order 9, Rule 13. C.P.C . is different from the language used in Order XXXVII Rule 4 C.P.C . Under Order
provisions of Order 9 Rule 13 Code of Civil Procedure will not apply
to Order XXXVII Rule 4 Code of Civil Procedure . Order XLIII Rule ... instituted in the ordinary
manner and suits filed under Order 37 CPC . Rule 7 of
Order 37 says that except as provided thereunder the
procedure
this decree is the decree passed under Order XXXVII, Rule 2. Order XXXVII, Rule 2 provides that the defendant has no right to appear ... under Order XXXVII, Rule 2 is satisfied. In the premises the decree passed becomes a decree within the meaning of Order XXXVII, Rule
learned Additional District Judge, Delhi thereby dismissing an application under Order xxxvII Rule 4 CPC filed by the petitioners/defendants praying for the setting aside ... petitioner No.1.
12. Petitioners filed an application under Order xxxvII Rule 4 CPC seeking to set aside the ex-parte decree.
13. Averments made
were categorically set out. The requirement of the provision,
namely, Order XXXVII Rule 4 of the Code of Civil Procedure was
satisfied. The ex-parte ... decree can be set aside by taking a recourse to Order
XXXVII Rule 4 of the Code of Civil Procedure and pointing out
that there
significant distinction between the provisions contained in Order
IX Rule 13 and Order XXXVII Rule 4 of the Code, which confers
power on the Court ... from
Rule 13 of Order 9."
(emphasis supplied)
15. Pointing out the distinction between Order IX Rule 13 and
Order XXXVII Rule 4
SAHAI ENDLAW
IA No.8761/2016 (of the defendant under Order XXXVII Rule 4 CPC ).
1. The defendant, by this application seeks setting aside ... XXXVII in my view, is akin to
Order IX Rule 13 of the CPC and which is not applicable to Order XXXVII.
Rule 4
were categorically set out. The requirement of the provision,
namely, Order XXXVII Rule 4 of the Code of Civil Procedure was
satisfied. The ex-parte ... decree can be set aside by taking a recourse to Order
XXXVII Rule 4 of the Code of Civil Procedure and pointing out
that there
were categorically set out. The requirement of the provision,
namely, Order XXXVII Rule 4 of the Code of Civil Procedure was
satisfied. The ex-parte ... decree can be set aside by taking a recourse to Order
XXXVII Rule 4 of the Code of Civil Procedure and pointing out
that there
JUSTICE PRATEEK JALAN
JUDGMENT
I.A.12009/2019 (under Order XXXVII Rule 4 of the CPC for recalling
the orders dated ... application filed by the defendant in the present suit
under Order XXXVII Rule 4 of the Code of Civil Procedure
