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...agreement to sell dated 13.02.2007 in respect of the suit land.On 23.10.2010, that suit was dismissed under Order 9 Rule 2 CPC due to non-filing of correct address of the r...-providing of correct address of respondent, the suit of the petitioner was dismissed under Order 9 Rule 2 CPC on 23.10.2010 When the application under Order ...was filed, firstly there was no occasion to give notice thereto for the suit was dismissed under Order 9 Rule 2 CPC. Now when the defendant himself has appeared to contest the application...
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...Order 9 Rule 4 CPC for getting restoration of the suit was dismissed by the trial court.3. Brief facts of the case are that the plaintiff's suit was...Order 9 Rule 4 CPC which is a provision for getting restoration of the suit in case the suit is dismissed under the provisions of Order 9 ...was present in Court. Therefore, the application for restoration of the suit inf acts of the case could have been under Order 9 Rule 9(1) CPC. When the plaintiff submitted the ap...
...application under Order 9 Rule 4 read with Section 151 of the Code of Civil Procedure, 1908, for setting aside an order-dated 26.2.2010, dismissing the claim case for want of pro....Since there is no bar for the petitioner to have brought fresh proceedings as is permissible under Order 9 Rule 4 CPC; therefore, instead of dwelling on ...23.11.2010 after the period of 4 years, the present petition is disposed of with a liberty to petitioner to avail the forum as is permissible under Order 9 Rule 4 CPC....
...Order 9 Rule 4 CPC registered as Miscellaneous
Case No.45 of 2015 is pending before the Ist Additional Civil Judge
(Junior Division), Faizabad now Ayodhaya and despite repeated dates
being fixed, the...restoration application has yet not been considered on
merits.
4. Considering the fact that the application for restoration under Order 9
Rule 4 CPC is pending before the court concerned s...and expeditiously decide the
Miscellaneous Case No.45 of 2015 which is an application under Order 9
Rule 4 CPC after affording full opportunity to the parties concerned but
without granting any...
...Registry has raised objection with regard to maintainability of the present appeal, which has been filed under Order 43 Rule 1(c) of CPC. Order under challenge is dated 04.03....application filed under Order 9 Rule 9, but not against an order of rejection of an application filed under Order 9 Rule 4 ...to be dismissed for default by order dated 15.02.2016. 2. Rule 1(c) of Order 43 CPC provides for filing an appeal against rejection of a petition or an...
...under Order 9 Rule 4 CPC r/w Section 5 of the Limitation Act, and in miscellaneous appeal, appellate Court has allowed both the applications and restored the civil suit to its original number for its...Court vide its order dtd.10.08.2018 rightly dismissed the application under Order 9 Rule 4 CPC and Section 5 of the Limitation Act, because, there was no sufficient reason available on record not ...consideration the aforesaid aspect of the matter and taking lenient view, has committed illegality in reversing the order passed by trial Court and in allowing the applications under Order 9 Rule 4 ...
...petitioners and perused the
record.
2. By means of this petition filed under article 227 of the
Constitution, the petitioner wants expeditious disposal of
pending application under Order 9 Rule 4 ...said suit.
4. In view of the above, this petition stands disposed of with
a direction to the trial court concerned to dispose of the
pending application under Order 9 Rule 4 CPC as
expedit...
Neutral Citation No. - 2024:AHC:92347
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 6618 of
2024
Petitioner :- Ramdulare And 13 Others...
...this petition filed under article 227 of the
Constitution, the petitioner wants expeditious disposal of
pending application under Order 9 Rule 4 CPC in O.S. No.
344 of 2022 (Prahlad v....
4. In view of the above, this petition stands disposed of with
a direction to the trial court concerned to dispose of the
pending application under Order 9 Rule 4 CPC as
expeditiously as...
Neutral Citation No. - 2024:AHC:83438
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 5822 of
2024
Petitioner :- Prahlad
Respondent :- Lalbahadur...
...following prayer:-
"(i). Issue a direction to decide the Misc. Case No. 14 of 2025 under Order 9
Rule 4 CPC, within stipulated period."
3. Learned counsel for petitioner submitted..., the present petition is
disposed of with direction to District Judge, Firozabad to decide
the Misc. Case No. 14 of 2025 under Order 9 Rule 4 CPC in Civil
Appeal No. 30 of 2024 in accordance with law...that aforesaid case is
pending since long. Therefore, a direction may be issued to District
Judge, Firozabad to decide the case at the earliest.
4. In the facts and circumstances of the case...
...the plaintiff was dismissed for want of
prosecution. Thereafter, a recall application under Order 9 Rule 4
CPC has been moved, which is pending consideration. The sole
prayer made in the writ petition...Order 9 Rule 4 CPC on 18.11.2024, if there
is no legal impediment and after hearing all the concerned parties,
strictly in accordance with law, expeditiously, preferably within a
period of three months...
Neutral Citation No. - 2025:AHC:6236
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 285 of 2025
Petitioner :- Babu Alias Sahejama
Respondent...
...filed by the respondent-plaintiff under Order 9, Rule 4 read with Section 151 CPC and has restored the suit to its original number.The brief facts of the case...Kumar, filed an application under Order 9 Rule 4 CPC for restoring the suit to its original number, and an application under Order 22 Rule 3 ...allowed the application under Order 9, Rule 4 CPC and directed for filing of the amended cause title. But no specific order with regard to the application under...
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...Sanjay K. Agrawal, J.:— The appeal preferred by the petitioners/appellants has been dismissed for non-compliance of payment of process fees for respondents No. 7 to 9 under Order 9 Rule 2 CPC....with subsection (2) of Section 107 CPC and may apply for order to set the dismissal aside by showing sufficient cause...for their failure to pay the process fee.4. If such application is filed, the Appellate Court would do well and decide the said application in accordance with law on its own merit...
...impugns order dated 20.10.2018 whereby the application under Order 9 Rule 4 CPC filed by the respondent/plaintiff was allowed and the Suit restored.
2. Respondent/plaintiff ha...the Suit had abated.
3. An application under Order 22 Rule 9 CPC was filed by the Respondents seeking setting aside of the abatement. There was no appearance on behalf of the plaintiff on 13.10...application under Order 9 Rule 4 CPC was filed on the very same day when the suit was dismissed in default. The application is supported by an affidavit of the advocate of the plaintiff. The ground taken i...
...aforesaid circumstances the second application filed under Order 9 Rule 4 CPC for restoration of the previous application under Order 9 Rule 4 CPC was not maint...dismissal of previous MJC (application under Order 9 Rule 4 CPC) vide order dated 20.03.2008, he filed another application under Order 9 Rule 4 CPC on ...procedural mistake, therefore, there is no illegality in the impugned order.
4. Heard learned counsel for the parties and perused the record.
5. Record show...
...Order 9 Rule 4 CPC read with Section 151 CPC was accepted against order 21.10.1999 (Annexure P2) passed under order 9 .... Therefore, suit against defendant No. 1 is dismissed U/O 9 Rule 2 CPC.Now to come up for filing written statement and reply to stay application by present defendants on 15.11.1999...Court below accepted the application vide order dated 3.9.20144. Learned counsel for the petitioner submitted that application under Order 9 Rule 4 ...
...passed on the application under Order 9 Rule 4 CPC filed by the plaintiff-respondent and the application 4-Ga under...purpose of entertaining and passing orders on the restoration application no. 3-Ga under Order 9 Rule 4 CPC. As such when the Trial Court has not condoned the delay in...filing the application under Order 9 Rule 4 CPC and the revisional court has also not considered such aspect of the matter the impugned orders cannot be sustained...
...preferably within a period of three months."
It is contended by learned counsel for the petitioner that in the suit
instituted by plaintiff-respondent no.1, an application under Order
9 Rule 4 CPC...learned court of Civil Judge (Junior Division), Kaushambi to
decide the Restoration Application No.2/74 of 2023 filed by the petitioner
under Order-9 Rule-4 of C.P.C. to recall the...9
Rule 4 CPC in Suit No.885 of 2013, after hearing all the concerned
parties, strictly in accordance with law expeditiously preferably
within a period of two months from the date of production of...
...K. Kannan, J.:— The revision petition is against the order passed in the application under Order 9 Rule 4 read with 151 CPC for setting aside the ...07.04.1992, the details of which are not clearly known. In a normal situation, a suit which was dismissed for default under Order 9 Rule 4 CPC for taking steps to the...reference to the restoration application filed under Order 9 Rule 4 CPC but there was otherwise specific relief for restoring the suit and setting aside the order alread...