appeal / writ against rejection of 9/9

CA SKSONI (Querist) 23 February 2010 This query is : Resolved
whether writ is maintainable for 9/9 rejection

Follow Query

Report Abuse

Devajyoti Barman (Expert) 23 February 2010
No writ but Miscellaneous Appeal lies under Order 43 of CPC.

Parveen Kr. Aggarwal (Expert) 23 February 2010
Order 43, Rule 1, Sub-Rule (c) of the Code of Civil Procedure, 1908:

"1. Appeals from orders: An appeal shall lie from the following orders under the provisions of section 104, namely:-

(a) .....
(b) .....

(c) an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit."

If the statute provides remedy of appeal for impugning an order, writ cannot be filed.

Guest (Expert) 23 February 2010
Mr Barman rightly reply your querry. i do agree with him.

seshagiri Rao (Expert) 25 February 2010
Writ is not maintainable against the order under order 9 rule 9 civil procedure code.A civil miscellaneous appeal is maintainable against such an order under order 43 rule1(c) of civil procedure code