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under Rule 1(c) of Order XLIII of the Code against an order rejecting an application under Rule 9 ... under Rule 9 or Rule 13 was dismissed on merits or for default, an appeal lay under Rule
Patna High Court
- Cites 24 - Cited by 11 -
AIR 1959 Pat 121
- K Sahai - Full Document
petitioners' remedy against the order of dismissal of their application under Order IX, Rule 9 of the Code ... dismissal of an application under Order IX, Rule 13, under Order XLIII, Rule 1 (c), that is the remedy provided
Patna High Court
- Cites 26 - Cited by 9 -
AIR 1978 Pat 339
- C K Singh - Full Document
proceedings under Order IX. It has been argued that once an application under Order IX Rule 9 of the said ... Rule 9, since, the order dismissing earlier Miscelleneous Case for default would be considered as an order passed under Order
Calcutta High Court
- Cites 23 - Cited by 1 -
(2004) 1 CALLT 197 HC
- P Ray - Full Document
Order IX, R. 8 of the Code unless the respondent admits the claim. That dismissal according to Order IX, Rule ... case where dismissal in default is under Order IX, Rule 8. Unless that dismissal is got set aside under Order
Punjab-Haryana High Court
- Cites 48 - Cited by 0 -
AIR 1962 P H 239
- Mahajan - Full Document
Calcutta High Court Foundation Overseas Ltd. vs Punjab National Bank Ltd. And Anr. on 22
Calcutta High Court
- Cites 12 - Cited by 0 -
AIR 1977 Cal 428
- R M Datta - Full Document
open to a plaintiff upon a dismissal under Order IX Rule 8 of the Code is to apply for setting ... Order IX Rule 2 or Rule 3, would demonstrate that the bar to a fresh suit that Rule 9 stipulates
Calcutta High Court
- Cites 11 - Cited by 0 - S Banerjee - Full Document
barred under Order IX Rule 9 of the Code of Civil Procedure and even as per the agreement entered into ... allowed to be dismissed for default and under Order IX Rule 9, the subsequent suit is barred on the same
Madras High Court
- Cites 10 - Cited by 0 - Full Document
that the suit was barred under Order II Rule 2 and Order IX Rule 9 CPC but the Revisional Court ... barred either under Order II Rule 2 CPC or under Order IX Rule 9 CPC. 33. However, before undertaking this
Allahabad High Court
- Cites 21 - Cited by 0 - D Gupta - Full Document
were made applicable to applications under Order IX, Rule 9 by a rule made by this High Court under Section ... Indian Limitation Act to an application under Order IX, Rule 9, is not an enactment of a new period
Bombay High Court
- Cites 18 - Cited by 0 -
122 Ind Cas 76
- Fawcett - Full Document
election petition. Code of Civil Procedure 1908 Order IX Rule 9 Election Petition dismissed for default-Restoration of petition-Whether ... IX or Order XVII of the Code of Civil Procedure and for its restoration an application under Rule 9, Order
Supreme Court of India
- Cites 37 - Cited by 25 -
1984 AIR 135
- Full Document
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