Supreme Court · 2025 INSC 566 · Decided 22 April 2025

Amruddin Ansari (Dead) Through LRS. & ORS. v. Afajal Ali & ORS.

Court
Supreme Court of India
Citation
2025 INSC 566 · [2025] 4 S.C.R. 2650
Case number
SPECIAL LEAVE TO PETITION (CIVIL)... No. 11442/2023
Decided
22 April 2025
Bench
J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

i) Whether after the dismissal of the petition for restoration of suit u/Or. IX R.4 of the CPC a fresh suit is maintainable; ii) Whether after dismissal of suit in default u/R.2 and R.3 of Or. IX of the CPC, a fresh suit is barred by the principle of Procedure, 1908 - Or.IX, R.4 - Whether after the dismissal of the petition for restoration of suit u/Or. IX R.4 of the CPC a fresh suit is maintainable: Held: From bare reading of the two provisions i.e. R.4 and R.9 of Or. IX of the CPC, it is manifestly clear that u/R. 4 of Or. IX

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