...respondent- plaintiff and submits that the suit has been dismissed for default under Order 9 Rule 8 of C.P.C. According to Mr. Vaghela, since the suit has been dismissed an... Learned Advocate Mr. JV Vaghela appearing for the petitioner places on record the order dated 26.07.2017 passed by the trial Court in RCS No. 61 of 2012 filed by the... C/SCA/5827/2014 ORDER DATED: 19/07/2021 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5827 of 2014...

..., Senior Division, at Margao Goa rejecting their application under Order 9, Rule 9 of the Code of Civil Procedure on the ground that the plaintiffs had earlier filed a s..., no fresh suit could be filed, but the earlier suit should have been restored under Order 9, Rule 9 of C.P.C. and, therefore..., Rule 9 of C.P.C. 4. Learned Counsel for the applicants sought to put reliance on the ruling of the Apex Court in...

...dismissed the Suit for non prosecution/default. Since the judgment under challenge is one passed under Order 9 Rule 8 of C.P.C, the question arises for consideration is whether a Regular First App...? 2. Order 9 Rule 9(1) of the Code of Civil Procedure provides that where a suit is wholly or partly dismissed under Order 9 Rule ...or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit. In the instant case, the petitioner already filed I.A.Nos.406 and 407 of 2016 under Order 9 Rule 9 of C.P.C as well...

...R.C.S. No. 145 of 1987 and 187 of 1999, the present suit is not maintainable in view of the bar under Order 9 rule 8 and 9 of C.P.C. Pertinently previous suit w...property remains with the family. The provisions of Order 9 Rule 8 is based on the principles of "estoppel". However, when law recognize continuous right to seek par...property, have been dismissed for want of prosecution. He would therefore urge that the appellate court failed to exercise jurisdiction under Order 41 Rule 31 of C.P.C...

...order of the Civil Court dated 26th of December, 2003 which is on page no.48 of the Paper Book. The suit was dismissed for not taking steps. Order 9 Rule 9 ...C.P.C.. There is nothing on record to show that the defendant was served and was present. The opening sentence of Order 9 Rule 9 of C.P.C. which bars ...1996 was filed which was dismissed and the present proceedings are, therefore, barred in as much as a second suit is barred under Order 9 Rule 9 C.P.C...

...against it falls under Order 9 rule 8 of C.P.C. The remedy available to the plaintiffs was to make an application to get the suit restored to a file under Order ...under Order 9 rule 9 of C.P.C. 4] The first appellate court formulated the following points for determination and recorded findings thereon...written for recovery of dues is continuation of same cause of action and therefore, fresh suit is barred in view of provisions of Order 9 rule 9 C.P.C. so far as the...

.... Preeti Saxena) filed by the petitioner, under order 9 Rule 8 of the C.P.C., within the certain stipulated time as fixed by this Hon'ble Court." It is stated that an application...order 9 Rule 8 is pending, which is required to be decided. A perusal of the record of the petition reveals that Annexure No.3 to the petition contains the order-sheet of the trial court and the...the following relief: "Issue suitable direction to the Additional Principal Judge, Family Court, Court No.2 Kanpur Nagar to decide the Misc. Case No.171 of 2021 (Sachin Narula vs. Smt...

...restoration of Suit passed under Order 9 Rule 9 of C.P.C. was very much competent under the provisions of Order 41 Rule 1 of C.P.C. to entertain the Ap..., Suit is dismissed in default for want of prosecution. 10. As such, it can be noticed that there is scope to read the said order either under the provisions of Order 9 ...proceedings i.e. in Appeal a plea is raised that the order impugned of dismissal of Suit has been passed under Order 9 Rule 3 of the C.P.C. and not under Order ...

...for want of prosecution.”4. Mr. Bobde submitted that this order is referable to Order 9 Rule 8 of the Code of Civil Procedure, 1908 (for short ‘C.P.C’). Ho...dismissed for want of prosecution. I find merit in the submission of Mr. Bobde that this order is squarely referable to Order 9 Rule 8 of C.P.C ...Order 9 Rule 9 of C.P.C Mr. Bobde relied upon paragraph 8 of the decision in the case of Nandkishor (supra) to contend that the plaintiffs oug...

...that he has nothing to do with the property in suit.The procedure to be followed by the learned trial court in the civil suit is regulated by the provisions of C.P.C It is clearly provided in ...that the suit be dismissed, unless the defendant admits the claim. The provisions of Order 9 Rule 8 of the C.P.C are quoted as under:-“8...the Regular Suit No. 190 of 2009 and to continue the proceedings of Regular Suit No. 190 of 2009 in accordance with law taking into the account the relevant provisions of the Code of Civil Procedure, speci...

.... Hence the dismissal of suit against it falls under Order 9 rule 8 of C.P.C. The remedy available to the plaintiffs was to make an application to get the suit...Oral Judgment: This appeal arises out of the judgment and decree dated 20.12.1991 passed by the District Judge, Nagpur in R.C.A. No.75/1982. Facts are thus: M/s Pandurang & Krishnarao Co / plaintiff owned a truck. On ...file under Order 9 rule 9 of C.P.C. The same rule provides a bar for fresh suit on same cause of action. Therefore, so far as the defendant-State of Maharashtra is conc...

...dismissed under Order 9 Rule 8 C.P.C. on 27.11.1981. That application was also dismissed for want of prosecution under Order 9 ...Order 9, Rule 9 C.P.C. read with Section 151 C.P.C. 2. The brief facts of the case are Melo Rani filed money suit for recovery of Rs. 9,000/- a...Order 9 Rule 9 C.P.C. on 27.11.1981 within limitation. She did not prosecute her petition filed under Order 9 Rule 9 ...

..., therefore, impermissible to dismiss a case for default. The dismissal for default is not in terms of Order 9, Rule 8, C.P.C since the land acquisition reference cannot...dismissed for non-appearance of the claimant under Order 9, Rule 8, C.P.C and Section 53 of the Act shall not operate to this case. This view has been consisten...was also held that the provisions of Order 9, Rule 8, C.P.C were not applicable. It was held that an application for restoration under Order ...

...plaintiff's suit. On 26-8-1952, the plaintiff filed an application under Order 9, Rule 9, C.P.C. for restoration of the suit on the ground that as he was ill o...Order 9, Rule 9, C.P.C. was in order and that the suit should have been restored on the plaintiff's satisfying the Court that there was sufficient cause for his non-app...appearance of the plaintiff under Order 9, Rule 8, C.P.C. and indeed it was not under that provision that the plaintiff's suit was dismissed on 13-8-1952. ...

...for declaration of title regarding the same property, the petitioner contended before the Subordinate Judge that the dismissal of the suit T. S. No. 82 of 1951 was under Order 9 ...Order 9 Rule B, but under order 7 rule 11 c.p.c. and hence there was no bar under order g rule 9 c.p.c. It...Order 9 Rule 8 c.p.c. But I cannot agree with that contention, because the question whether the suit was disposed of under Order 9 ...

...of the present respondent, the same was dismissed under Order 9 Rule 8 of the Code. The learned Sub Judge passed the following order :- "Presen...Order 9 Rule 8 of the Code, then it was held that the subsequent suit with respect to the same cause is barred and the Court in paragraph 5 of the judgment held as under...in its entirety. It was dismissed under Order 9 Rule 8 because the plaintiff was not present on the date of hearing. Therefore, a fresh suit on the same cause of action was...

...Order 8, Rule 9 of the C.P.C and in view of the provisions of Rule 4 of Order 9 the ap...9, Rule 8 of the C.P.C. and for restoration of the said suit an application as contemplated under Rule 9 of Order ..., Rule 3 of the Code but in fact, the case is governed by Order 9, Rule 8 of the C.P.C. Therefore, the dismissal was under ...

...as Ex.A6 constitutes res- judicata to the present suit? 2) Whether the dismissal of the suit under Order 9 Rule 9 C.P.C bars the institution ...action and the dismissal of the suit under Order 9 Rule 8 of C.P.C will not be a bar, since the first respondent/plaintiff claimed the same as a defence in the suit filed by the third par...dismissal of the suit under Order 9 Rule 8 C.P.C is not res judicata as contemplated under Section 11 of C.P.C. Therefore, 11/20...

...partition in the face of first suit for the same relief having been dismissed in default under Order 9 Rule 8 of C.P.C., is not precluded by the provisions ...in view of the aforesaid decisions, I hold that the present suit is not barred by Order 9 Rule 9 of C.P.C. Hence, the third substantial question of law...for default and the same could not be restored, the present suit was clearly barred under Order 9 Rule 9 of C.P.C. The plaintiff examined himself as P.W.1 and marked Ex.A1 to...

...proceedings have arisen are the same. The suit property as well as cause of action in both the suits is also the same. It has further been found that earlier suit was dismissed under Order 9 Rule ...-appellants and, therefore, it must be construed to mean that the suit was dismissed under Order 9 Rule 8.2. Mr. C.B Kaushik, learned counsel for the plaintiff-appellants has advanced the...be warranted, because the order dated 24.09.1997 does not leave any iota of doubt that the suit was dismissed under Order 9 Rule 8 of the Code. The aforementioned order ...