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order IX, rule 13 did not create
any bar to the maintainability of the application under
order 9, rule ... order 9 rule 13 of the Code. I, therefore, hold that the
appellant's application under order 9, rule
Supreme Court of India
parte hearing.
In an application under Order 9, Rule 13 of the Code, however, apart
from questioning the correctness ... Explanation appended to Order 9, Rule 13 of the
Code a petition under Order 9, Rule 13 would
Supreme Court of India
creature of statute. An order granting an
application under Order 9, Rule 13, Civil P. C, is not a decree ... finality to an order
setting aside an ex parte decree under Order 9, Rule 13, Civil
Allahabad High Court
Order 17,
Rule 2, Civil P. C., and not under Rule 3.
6. Therefore, the petitioner's application under Order ... application under Rule 13 of Order IX of the
Code of Civil Procedure."
9. From the above narration
Madhya Pradesh High Court
application under Order 9,
Rule 9 for restoration of a previous application under Rules 4, 9 or 13
of Order ... under Order 9, Rule4 or 9 of the Code for restoring an
application under Rules 4, 9 or 13
Calcutta High Court
parte decree was passed, an application under
Order 9, Rule 13 of the Code for setting aside the ex parte ... remedy by means of an application under Order 9, Rule 13 of
the Code. In our opinion also, Order
Patna High Court
aside. Ramchander's application purported to be
under Order 9 Rule 13 and Section 151.
5. The applications were opposed ... appeal, as no appeal lay against an order
under Order 9 Rule 13 rejecting an application for setting aside
Rajasthan High Court
whether he was
proceeding under Order 17, Rule 2 or Order 17, Rule 3. It also has to
be admitted ... Rule 13, it can hardly
be said that, he was entertaining an appeal against an order passed
under Order 9
Allahabad High Court
under Order
12 of the Rules of the Supreme Court of London. Chapter 8 Rule 6 of our
Rules provides ... under Order 9,
Rule 9, Civil P; C. there was or was not sufficient cause for such
restoration.
13
Calcutta High Court
Jayarama Aiyar that
the order passed by this Court on the petition under Order 9, Rule 13,
Civil Procedure Code ... should attach to the
order passed by the Court in proceedings under Order 9, Rule 13, Civil
Procedure Code
Madras High Court
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