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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